K. Rajan vs C.K. Rajan And Ors.
- SCC(2003) 7 SCC 588
Ratio decidendi
The rule this decision rests on
A High Court may entertain public interest litigation concerning the administration and management of a religious institution where it appears that the institution's administration is not functioning properly and urgent action in the public interest is necessary to ensure that a well-known institution does not operate under a cloud, and remedial action may be taken if found necessary. In public interest litigation concerning a religious institution governed by a specific statute, the High Court must have regard to the relevant statutory provisions governing that institution, and must consider objections raised by the institution's management and the State as necessary parties to the proceedings. The High Court, when passing orders in public interest litigation concerning the officers of a religious institution, must respect the statutory provisions governing the appointment, tenure, and conditions of service of those officers as provided by law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. We have heard Mr. G. Ramaswamy and Mr. K.K. Venugopal, learned Senior Advocates, in support of the application for seeking permission to file the special leave petition. We have also heard Mr. Reddy, learned Additional Solicitor General appearing for the State Government. Mr. Krishnamurthy Iyer has also assisted us on behalf of the respondents. We are not inclined to interfere with the public interest litigation undertaken by the High Court on the compliant filed by one C.K. Rajan. The public interest litigation concerns the famous Sree Krishna Temple, Guruvayoor. The High Court decided to examine the public interest matter inter alia, on the following reasoning:
We are satisfied that in public interest urgent action, on the above aspects, is necessary. It appears that all is not well' in the set-up. The administration of a wel1 known institution should not be under any cloud and it is in the interest of all concerned, that the matter is enquired into, and if found necessary, remedial action is taken.
2. We see no ground to interfere at this stage with the High Court proceedings. We dismiss this application for grant of permission to file the special leave petition. Keeping in view the importance of the religious institution and also in the interest of justice, we commend the following guidelines for the consideration of the High Court.
(i) It is not disputed that the management of the Guruvayoor Temple is governed by the Guruvayoor Devaswom Act, 1978. There may be other State legislations governing the functioning of religious institutions in the State. The High Court shall take into consideration the relevant provisions of these enactments.
(ii) The Guruvayoor Devaswom Managing Committee and the State of Kerala are necessary parties in this public interest litigation. The High Court shall take into consideration the objections, including of preliminary nature raised/to be raised by these parties.
(iii) The appointment, tenure of office and other conditions of service of the Administrator and other officers connected with the Guruvayoor Temple, as are provided by law shall be kept in view while passing any orders concerning these officers.
3. The High Court is requested to conclude the proceedings expeditiously and if possible, within six months from today.
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