Malabar Devaswom Board orders eviction of convention centre from temple land

Malabar Devaswom Board has ordered steps to evict Club-6, a partnership firm that operates a convention centre on 77.90 ares of temple land at Puthur, Palakkad, after declaring its 30-year lease invalid.

In an order dated September 8, Devaswom Commissioner T.C. Biju rejected a request to retrospectively approve the lease, which was executed in 2017 without the prior sanction required under Section 29 of the Hindu Religious and Charitable Endowments Act, 1951.

The Commissioner directed the deputy commissioner to appoint a person to oversee the temple’s administration and expedite eviction proceedings.

The order said the president of Ramanathapuram Grama Devaswom Society, which executed the lease, had failed to establish his legal authority to lease the property belonging to Ramanathapuram Devaswom. The society’s registration under the Societies Registration Act in 2022 did not confer the powers of a trustee under the HR&CE Act.

The lease was granted to Club-6 for 30 years. The society’s president later sought retrospective approval, arguing that the arrangement was intended to generate income for the temple.

The Commissioner rejected the plea, holding that the required sanction had to be obtained before the lease was executed and that the law did not permit the retrospective approval sought.

The order also questioned the handling of rent payments. Records showed payments only from 2022, despite the lease having begun in 2017. The rent was deposited into accounts held in the society’s name, and the evidence did not establish that the proceeds had been properly accounted for by the legally authorised temple administration.

Club-6 argued that it had invested substantial sums in constructing and operating the convention centre. The Commissioner held that such investments could not validate an unauthorised lease or confer a legal right to retain possession of temple property. Any claims arising from the transaction would have to be pursued against the party that granted the lease.

The order followed proceedings arising from a writ petition before the Kerala High Court in W.P.(C) No. 21044/2022. The Commissioner also directed the assistant commissioner to investigate any other leases involving temple property and take legal steps to remove encroachments if found.