Kerala High Court: Worshippers Can Sue To Protect Temple Property When Trustees Fail In Their Duty

The Kerala High Court has held that worshippers or next friends can maintain a suit on behalf of a temple deity when trustees act against the interests of the idol and fail to safeguard temple property. The Court clarified that while recovery of possession may not ordinarily be granted directly to a worshipper, courts are empowered to mould and restructure reliefs to protect the interests of the deity.

The ruling came in a long-running dispute concerning properties belonging to Govindapuram Temple. Worshippers challenged an assignment deed executed by a trustee in favour of a third party, alleging that the transfer was detrimental to the temple and not binding on the deity. The trustee had allegedly alienated temple property despite the temple having already been declared a public religious institution.

Justice Easwaran S. observed that when a trustee neglects his duty or acts prejudicially to the deity’s interests, he effectively disqualifies himself from representing the idol. In such situations, devotees interested in preserving temple property can step in as next friends to protect the deity’s rights.

The Court relied on Supreme Court precedents, including the Ayodhya judgment, to reaffirm that worshippers may institute proceedings where temple management fails to act. It further held that the presence of the Malabar Devaswom Board, which exercises supervisory control over the temple, ensured adequate protection of the deity’s interests.

Upholding the challenge, the Court concluded that the trustee’s assignment deed did not validly bind the deity and emphasised that courts possess sufficient equitable powers to fashion appropriate reliefs to preserve temple property.

Case: Vijayakumaran v. Govindapuram Temple.