LexOACHIRA PARABRAHMA TEMPLE & ANR. versus G. VIJAYANATHAKURUP AND ORS.
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[2024] 12 S.C.R. 358 : 2024 INSC 922 Oachira Parabrahma Temple & Anr. v. G. Vijayanathakurup and Ors. (Civil Appeal No(s). 13708-13709 of 2024) With (Contempt Petition (C) No(s). 987-988 of 2023) 03 December 2024 [Sanjiv Khanna, CJI, Sanjay Kumar and R. Mahadevan,* JJ.] Issue for Consideration Matter pertains to the dispute as regards administration and management of Oachira Parabrahma temple and its institutions by the Administrative Head appointed by the High Court and the alleged Executive Committee. Headnotes† Trust and charities – Oachira Parabrahma Temple – Administration and management of temple – Serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the High Court and the alleged Executive Committee: Held: The subject temple is a unique, ancient and historical one – It administers/runs a hospital, a Nursing College and a Nursing School, to cater to the needs of the general public – It is imperative to restore, protect and preserve temples and their properties with utmost care – Thus, it is just and necessary to conduct election under the aegis of a new Administrative Head/Administrator, for the smooth and effective administration of the subject temple and the institutions – Retired Judge of High Court appointed as Administrative Head/Administrator to conduct election – Administrative Head/Administrator to commence the election process strictly in accordance with the Bye-laws of the temple, within the stipulated period – Administrative Head/Administrator/ Advocate Commissioner appointed by the High Court, ceases to exist and thus, directed to hand over the charge/accounts to the * Author [2024] 12 S.C.R. 359 Oachira Parabrahma Temple & Anr. v. G. Vijayanathakurup and Ors. newly appointed Administrative Head/Administrator with immediate effect – Newly Appointed Administrator/Administrative Head to manage the affairs of the Temple/Samithis until the elections are held and to handover the charge to the elected body – Existing arrangements relating to the functions/duties/affairs of the subject temple and its institutions to continue, until further orders from the trial court – Trial court to complete the final decree proceedings in the suit filed for framing of Scheme, as expeditiously as possible. [Paras 15, 16] List of Keywords Oachira Parabrahma Temple; Administration and management of temple; Administrative Head; Administrator; Executive Committee; Election; Bye-laws of the temple; Advocate Commissioner; Retired Judge of High Court. Case Arising From CIVIL APPELLATE JURISDICTION/INHERENT JURISDICTION: Civil Appeal Nos. 13708-13709 of 2024 From the Judgment and Order dated 02.03.2020 and 07.02.2023 of the High Court of Kerala at Ernakulam in RFA No. 562 of 2010 and IA No. 5 of 2022 respectively With Contempt Petition (C) Nos. 987-988 of 2023 In Civil Appeal Nos. 13708-13709 of 2024 Appearances for Parties Colin Gonsalves, Sr. Adv., Ms. Mugdha, Deepak Kumar Singh, Rameshwar Prasad Goyal, Advs. for the Appellants. V. Chitambaresh, Thomas P Joseph, Sr. Advs., Koshy John, M.S. Vishnu Sankar, Sriram Parakkat, Ms. Athira G Nair, Ms. Viddusshi, Aditya Santhosh, Ms. Anjali Singh, Anandhu S. Nair, M/s. Lawfic, Anshuman Siddharth Nayak, Rahul Kulhare, Gagan Singh Parmar, Ms. Ekta Choudhary, Ms. Jeba Khan, Anand Krishna, Bijo Mathew Joy, Ms. Gifty Marium Joseph, Atul Shankar Vinod, R. Krishnaraj, Tom Joseph, Dr. Linto KB, Satyajeet Kumar, Advs. for the Respondents. 360 [2024] 12 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Judgment R. Mahadevan, J. Leave granted. 2. The appellants, claiming themselves as elected Secretary and President of a temple viz., Oachira Parabrahma Temple situated at Kerala (hereinafter shortly referred to as “the subject temple”), have preferred these Civil Appeals against two orders passed by a learned Single Judge of the High Court of Kerala at Ernakulam viz. one is a final Judgment and order dated 02.03.2020 passed in RFA No. 562/2010 and another is an order dated 07.02.2023 passed in I.A No. 5/2022. Brief background 3. According to the averments made in the Civil Appeals, the subject temple is a unique, ancient and historical one as there is no building, consecrated idol or deity and sanctum sanctorum. The management of the temple and the institutions being run under it, such as, super speciality hospital, nursing college, etc., ar
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