JUDGMENT : Anil K. Narendran, J The petitioner, namely, Parassinikadavu Sree Muthappan Seva Sangam, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P10 order dated 08.02.2012 issued by the 3 rd respondent Commissioner, Malabar Devaswom Board and Ext.P14 order dated 11.05.2015 issued by the 1 st respondent State. The petitioner has also sought for a writ of mandamus commanding the 3 rd respondent Commissioner to constitute a committee in Parassinikadavu Sree Muthappan Temple, which is a controlled institution under the 2 nd respondent Malabar Devaswom Board, as directed in Ext.P4 judgment dated 04.09.2008 in W.P.(C)No.15998 of 2005 and Ext.P7 judgment dated 16.07.2009 in W.P.(C)No.30999 of 2008 of this Court and also in the light of decision No.25 dated 22.10.2009 of the 2 nd respondent Malabar Devaswom Board. 2. The grievance of the petitioner in the writ petition is regarding the inaction on the part of the 2 nd respondent Malabar Devaswom Board and its officials in ensuring proper management of Parassinikkadavu Sree Muthappan Temple, by the 6 th respondent Madayan. The order which is under challenge in this writ petition is Ext.P10 order dated 08.02.2012 of the 3 rd respondent Commissioner, Malabar Devaswom Board, whereby the request for reconstitution of a committee to oversee the administrative actions of the 6 th respondent Madayan stands rejected on the ground that there is no provision under the Madras Hindu Religious and Charitable Endowments Act, 1951 to constitute such a committee to oversee the actions of the hereditary trustees. In Ext.P10 order, the 3 rd respondent Commissioner noticed that for the proper administration of the temple, proceedings are pending before the 4 th respondent Deputy Commissioner, Malabar Devaswom Board, under Section 58 of the Act for framing a scheme. Ext.P10 order of the 3 rd respondent Commissioner was under challenge before the 1 st respondent State in a revision petition filed under Section 99 of the Act, which ended in dismissal by Ext.P14 order dated 11.05.2015, on a finding that the prayer for appointing a committee in the place of Madayan, the hereditary trustee, in the absence of an enabling provision in the Act, for divesting the powers and privileges of the hereditary trustee, cannot be allowed, as it would be against law. Therefore, in Ext.P14 order, the 1 st respondent State upheld Ext.P10 order dated 08.02.2012 of the 3 rd respondent Commissioner, Malabar Devaswom Board. 3. On 21.10.2015, when this writ petition came up for admission, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 2, 3 and 4. Notice was ordered to others. Service of notice is complete on the party respondents, i.e., respondents 5 and 6. 4. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1 st respondent State and also the learned Standing Counsel for Malabar Devaswom Board for respondents 2 to 4. 5. The Madras Hindu Religious and Charitable Endowments Act, 1951 is enacted to provide for the better administration and governance of Hindu Religious and Charitable Institutions and Endowments in the State of Madras. The Act received the assent of the President on 27.08.1951. By the Kerala Adoption of Laws Order, 1956 the provisions under the said Act have been made applicable to Hindu Religious and Charitable Institutions and Endowments in the Malabar District. 6. Clause (11) of Section 6 of the Madras Hindu Religious and Charitable Endowments Act defines the term ‘person having interest’. As per sub-clause (b) of clause (11) of Section 6, in the case of a temple, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or is in the habit of partaking in the benefit of the distribution of gifts thereat shall fall under the definition of ‘person having interest’. 7. Clause (9) of Section 6 of the Act defines the term ‘hereditary trustee’ to mean the trustee of a religious institution succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided for by the founder, so long as such scheme of succession is in force. Clause (19) of Section 6 defines the term ‘trustee’ to mean any person or body by whatever designation known in whom or in which the administration of a religious institution is vested, and includes any person or body who or which is liable as if such person or body were a trustee. 8. Clause (19) of Section 6 defines the term ‘trustee’ to mean any person or body by whatever designation known in whom or in which the administration of a religious institution is vested, and includes any person or body who or which is liable as if such person or body were a trustee. 8. The provisions contained in Chapter II of the Act were substituted by the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008 (Act 31 of 2008), which deals with the Malabar Devaswom Board and its officers. Section 7B of the Act deals with qualification for membership in the Malabar Devaswom Board. In view of the provisions contained in Section 7B, a person shall be qualified for nomination or election as a member of the Board only if he is a permanent resident of the Malabar area; professes the Hindu religion; is a believer of temple worship; and falls within the age criteria prescribed in clause (iv) of Section 7B. In view of the provisions under Section 7C, where a person has been elected or nominated as a member of the Board, before entering the office as a member, he shall take an oath before the Commissioner of the Board stating that he is a person professing Hindu religious rites and is a believer of God and temple worship. The provisions under Section 7D deal with disqualification for membership and Section 7E deals with supervening disqualifications. As per the provisions under Section 7M, the duties and functions of the Board include a duty to ensure proper maintenance and upliftment of Hindu religious institutions and to establish and maintain proper facilities in the temples for the devotees. In view of the provisions under Section 8 of the Act, all the powers and duties under this Act, in respect of various religious institutions of the Malabar area, that have been exercised or performed by the Commissioner, Deputy Commissioners, Assistant Commissioners and Area Committees before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008 shall vest in the Board, on its constitution. Section 8A of the Act deals with supervision and control by the Board. As per Section 9 of the Act, the Commissioner, etc. to be Hindus. 9. Section 8A of the Act deals with supervision and control by the Board. As per Section 9 of the Act, the Commissioner, etc. to be Hindus. 9. As per Section 22 of the Act, no person may succeed or be appointed to, or hold, the office of the trustee of a religious institution, (a) unless he professes the Hindu religion; and (b) except in the case of a hereditary trustee, unless he is not less than twenty- five and not more than seventy years of age. As per Section 23 of the Act, the trustee of a religious institution shall be bound to obey all lawful orders issued under the provisions of this Act by the Government, Board, the Commissioner, the Deputy Commissioner, the Area Committee or the Assistant Commissioner. 10. Section 24 of the Act deals with the care required of the trustee and his powers. As per sub-section (1) of Section 24, subject to the provisions of the Madras Temple Entry Authorisation Act, 1947, the trustee of every religious institution is bound to administer its affairs and to apply its funds and properties in accordance with the terms of the trust, the usage of the institution and all lawful directions which a competent authority may issue in respect thereof and as carefully as a man of ordinary prudence would deal with such affairs, funds and properties if they were his own. As per sub-section (2) of Section 24, a trustee shall, subject to the provisions of the Act be entitled to exercise all powers incidental to the provident and beneficial administration of the religious institution and to do all things necessary for the due performance of the duties imposed on him. As per sub-section (3) of Section 24, a trustee shall not be entitled to spend the funds of the religious institution for meeting any costs, charges or expenses incurred by him in any suit, appeal or application or other proceeding for, or incidental to, his removal from office or the taking of any disciplinary action against him. As per the proviso to sub-section (3) of Section 24, the trustee may reimburse himself in respect of such costs, charges or expenses if he is specifically permitted to do so by an order passed under Section 88. 11. Section 25 of the Act deals with the preparation of the register for all institutions. As per the proviso to sub-section (3) of Section 24, the trustee may reimburse himself in respect of such costs, charges or expenses if he is specifically permitted to do so by an order passed under Section 88. 11. Section 25 of the Act deals with the preparation of the register for all institutions. As per sub-section (1) of Section 25, for every religious institution, there shall be prepared and maintained a register showing (a) the names of past and present trustees and particulars as to the custom, if any, regarding succession to the office of trustee; (b) particulars of the scheme of administration and of the dittam or scale of expenditure; (c) the names of all offices to which any salary, emolument or perquisite is attached and the nature, time and conditions of service in each case; (d) the jewels, gold, silver, precious stones, vessels and utensils, and other movables belonging to the institution, with their estimated value; (e) particulars of all other endowments of the institution and of all title deeds and other documents; (f) particulars of the idols and other images in or connected with the institution, whether intended for worship or for being carried in processions; (g) such other particulars as may be required by the Commissioner. 12. As per sub-section (2) of Section 25 of the Act, the register shall be prepared, signed and verified by the trustee of the institution concerned or by his authorised agent and submitted by him to the Commissioner, directly in the case of math, through the Area Committee, in case the institution is subject to the jurisdiction of an Area Committee, and through the Assistant Commissioner in other cases, within three months from the commencement of this Act or from the founding of the institution, as the case may be, or within such further period as may be allowed by the Commissioner, the Area Committee or the Assistant Commissioner. As per the proviso to sub-section (2) of Section 25, the said sub-section shall not apply where a register so signed and verified has been submitted to the Board before the commencement of this Act. 13. As per the proviso to sub-section (2) of Section 25, the said sub-section shall not apply where a register so signed and verified has been submitted to the Board before the commencement of this Act. 13. As per sub-section (3) of Section 25, the Area Committee or the Assistant Commissioner, if the register is submitted through it or him, may, after such inquiry as it or he may consider necessary, recommend such alterations, omissions or additions in the register as it or he may think fit. As per sub-section (4) of Section 25, the Commissioner may, after receiving the register and recommendations of the Area Committee or of the Assistant Commissioner with respect thereto and making such further inquiry as he may consider necessary, direct the trustee to make such alterations, omissions or additions in the register as the Commissioner may deem fit. As per sub-section (5) of Section 25, the trustee shall carry out the orders of the Commissioner and then submit three copies of the register as corrected to the Commissioner for approval. As per sub-section (6) of Section 25, one copy of the register as approved by the Commissioner shall be furnished to the trustee and one to the Area Committee or the Assistant Commissioner concerned, if any. 14. Section 26 of the Act deals with the annual verification of the register. As per Section 26, the trustee or his authorised agent shall scrutinise the entries in the register every year and submit it to the Commissioner for his approval, directly or through the Area Committee or through the Assistant Commissioner as the case may require, a verified statement showing the alterations, omissions or additions required in the register; and the provisions of sub-sections (3) to (6) of Section 25 shall apply in relation to such statement as they apply in relation to a register. 15. Section 27 of the Act deals with furnishing accounts, returns, etc., by the trustee. As per sub-section (1) of Section 27, the trustee of every religious institution shall furnish to the Commissioner such accounts, returns, reports or other information relating to the administration of the institution, its funds, property or income, or moneys connected therewith, or the appropriation thereof, as the Commissioner may require and at such time and in such form as he may direct. As per sub-section (2) of Section 27, the powers conferred by sub-section (1) may also be exercised by the Assistant Commissioner in the case of religious institutions other than maths, and by the Area Committee in the case of institutions subject to its jurisdiction. 16. Section 28 of the Act deals with inspection of properties or documents. As per sub-section (1) of Section 28, the Commissioner or any officer or other person deputed by the Commissioner in this behalf may inspect all movable and immovable property belonging to, and all records, correspondence, plans, accounts and other documents relating to any religious institution. As per sub-section (2) of Section 28, the powers conferred by sub- section (1) may also be exercised, in the case of religious institutions other than maths, by the Assistant Commissioner and in the case of institutions over which an Area Committee has jurisdiction, by any member of the Committee authorised by it in this behalf. As per sub- section (3) of Section 28, it shall be the duty of the trustee of the institution concerned and all officers and servants working under him, his agent and any person having concern in the administration of the institution, to afford all such assistance and facilities as may be necessary or reasonably required in regard to any inspection made in pursuance of sub-section (1) or sub-section (2), and also to produce for inspection any movable property or document referred to in sub-section (1), if so required. 17. Section 29 of the Act deals with the alienation of immovable trust property. As per sub-section (1) of Section 29, any exchange, sale or mortgage and any lease of any immovable property belonging to, or given or endowed for the purposes of, any religious institution shall be null and void unless it is sanctioned by the Commissioner as being necessary or beneficial to the institution. As per the first proviso to sub-section (1) of Section 29, before such sanction is accorded the particulars relating to the proposed transaction shall be published in such manner as may be prescribed, inviting objections and suggestions with respect thereto; and all objections and suggestions received from the trustee or other persons having interest shall be duly considered by the Commissioner. As per the second proviso to sub-section (1) of Section 29, the Commissioner, if he is satisfied that owing to any emergency or for some other reason to be specified in the order according sanction, it is not reasonably practicable to follow the procedure prescribed in the foregoing proviso, may, with the previous sanction of the Government, dispense with such procedure. 18. As per sub-section (2) of Section 29 of the Act, when according such sanction, the Commissioner may impose such conditions and give such directions as he may deem necessary regarding the utilization of the amount raised by the transaction the investment thereof and in the case of a mortgage, regarding the discharge of the same within a reasonable period. As per sub-section (3) of Section 29, a copy of the order made by the Commissioner under this section shall be communicated to the State Government and to the trustee and shall be published in such manner as may be prescribed. As per sub-section (4) of Section 29, the trustee may within three months from the date of his receipt of a copy of the order, and any person having interest may within three months from the date of the publication of the order, appeal to the State Government to modify the order or set it aside. As per sub-section (5) of Section 29, nothing contained in this section shall apply to the inams referred to in Section 35. 19. Section 39 of the Act deals with Trustees and their number and term of office. As per sub-section (1) of Section 39, where a religious institution included in the list published under Section 38 or over which no Area Committee has jurisdiction, has no hereditary trustee, the Commissioner shall constitute a Board of Trustees consisting of not less than three and not more than five persons appointed by him. As per sub-section (1) of Section 39, where a religious institution included in the list published under Section 38 or over which no Area Committee has jurisdiction, has no hereditary trustee, the Commissioner shall constitute a Board of Trustees consisting of not less than three and not more than five persons appointed by him. As per sub-section (2) of Section 39, where, in the case of any such institution having a hereditary trustee or trustees; the Commissioner after notice to such trustee or trustees, and after such enquiry as he deems adequate, considers for reasons to be recorded, that the affairs of the institution are not, and are not likely to be, properly managed by the hereditary trustee or trustees, the Commissioner may, by order appoint such number of non-hereditary trustees as he thinks necessary, so however that the total number of trustees does not exceed five. As per sub-section (3) of Section 39, every trustee appointed under sub-section (1) and subject to the result of an application, if any, filed under sub-section (4) every non-hereditary trustee appointed under sub-section (2) shall hold office for a term of two years, unless in the meanwhile the trustee is removed or dismissed or his resignation is accepted by the Commissioner or he otherwise ceases to be a trustee. 20. As per sub-section (4) of Section 39 of the Act, where the Commissioner by order appoints a non-hereditary trustee or trustees the hereditary trustee or trustees may, within thirty days of the receipt of the order, file an application to the court to set aside or modify such order. As per sub-section (5) of Section 39, where a vacancy arises in the office of a non-hereditary trustee appointed under sub-section (2) the Commissioner shall not fill up such a vacancy unless, for reasons to be recorded, he considers it necessary to do so. A non-hereditary trustee appointed in the vacancy shall be deemed to have been appointed under sub-section (2), and the provisions of sub-sections (3) and (4) shall apply accordingly. 21. Section 40 of the Act deals with the Chairman. As per sub- section (1) of Section 40, in the case of a religious institution for which a Board of Trustees is constituted under sub-section (1) of Section 39, the Board shall elect one of its members to be its Chairman. 21. Section 40 of the Act deals with the Chairman. As per sub- section (1) of Section 40, in the case of a religious institution for which a Board of Trustees is constituted under sub-section (1) of Section 39, the Board shall elect one of its members to be its Chairman. As per sub-section (2) of Section 40, in the case of any other religious institution having more than one trustee, the trustees of such institution shall elect one of their members to be the Chairman. As per sub-section (3) of Section 40, a Chairman elected under sub-section (1) or sub-section (2) shall hold office for such period as may be prescribed. 22. Section 41 of the Act deals with the power of the Area Committee to appoint Trustees. As per sub-section (1) of Section 41, in the case of any religious institution over which an Area Committee has jurisdiction, the Area Committee shall have the same power to appoint trustees as is vested in the Commissioner in the case of a religious institution referred to in Section 39. As per the proviso to Sub-section (1) of Section 41, the Area Committee may, in the case of any institution which has no hereditary trustee, appoint a single trustee. As per sub-section (2) of Section 41, the provisions of sub- section (3) of Section 39 and Section 40 shall apply to the trustee or trustees appointed, or the Board of Trustees constituted, by the Area Committee as they apply in relation to the trustee or trustees appointed, or the Board of trustees constituted, by the Commissioner. 23. As per Section 42 of the Act, the power to appoint trustees under Section 39 or Section 41 Shall be exercisable notwithstanding that the scheme, if any, settled, or deemed under this Act to have been settled for the institution contains provisions to the contrary. 24. Section 45 of the Act deals with the power to suspend, remove or dismiss trustees. 24. Section 45 of the Act deals with the power to suspend, remove or dismiss trustees. As per sub-section (1) of Section 45, the Deputy Commissioner in the case of any religious institution over which an Area Committee has jurisdiction, and the Commissioner in the case of any other religious institution, may suspend, remove or dismiss any hereditary or non-hereditary trustee or trustees thereof (a) for persistent default in the submission of budgets, accounts, reports or returns, or; (b) for wilful disobedience of any lawful order issued under the provisions of the Act by the State Government, the Commissioner or Deputy Commissioner, the Area Committee or the Assistant Commissioner; or (c) for any malfeasance, misfeasance, breach of trust or neglect of duty in respect of the trust; or (d) for any misappropriation of, or improper dealing with, the properties of the institution; or (e) for unsoundness of mind or other mental or physical defect or infirmity which unfits him for discharging the functions of the trustee. As per sub-section (2) of Section 45, when it is proposed to take action under sub-section (1), the Commissioner or the Deputy Commissioner, as the case may be, shall frame charges against the trustee concerned and give him an opportunity of meeting such charges, of testing the evidence in his favour; and the order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge with the reasons therefor. 25. Section 46 of the Act deals with disqualifications of trustees. As per sub-section (1) of Section 46, a non-hereditary trustee shall cease to hold his office if he (a) is sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months, for any offence other than an offence not involving moral turpitude, such sentence not having been cancelled or reduced to a period of six months or less, or the offence not having been pardoned, provided that State Government may direct that such sentence shall not operate as a disqualification; or (b) applies to be adjudicated or is adjudicated an insolvent. As per sub-section (2) of Section 46, in cases of doubt or dispute, the Deputy Commissioner shall determine whether a trustee is disqualified under sub-section (1) or not. As per sub-section (2) of Section 46, in cases of doubt or dispute, the Deputy Commissioner shall determine whether a trustee is disqualified under sub-section (1) or not. As per sub-section (3) of Section 46, if a hereditary trustee becomes subject to any of the disqualifications described in sub-section (1) the Deputy Commissioner may supersede the trustee. As per sub-section (4) of Section 46, any person affected by an order of the Deputy Commissioner under sub- section (2) or sub-section (3) may, within one month from the date of the receipt of the order by him, appeal against the order to the Commissioner. 26. Section 47 of the Act deals with filling up of vacancies in the office of hereditary trustee. As per sub-section (1) of Section 47, when a permanent vacancy occurs in the office of the hereditary trustee of a religious institution, the next in the line of succession shall be entitled to succeed to the office. As per sub-section (2) of Section 47, when a temporary vacancy occurs in such an office by reason of the suspension of the hereditary trustee under sub-section (1) of Section 45 or by reason of his supersession under sub-section (3) of Section 46, the next in the line of succession shall be entitled to succeed and discharge the functions of the trustee until his disability ceases. 27. As per sub-section (3) of Section 47 of the Act, when a permanent or temporary vacancy occurs in such an office and there is a dispute respecting the right of succession to the office, or when such vacancy cannot be filled up immediately, or when a hereditary trustee is a minor and has no guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as guardian, or when a hereditary trustee is by reason of unsoundness of mind or other mental or physical defect or infirmity unfit for discharging the functions of the trustee, the Deputy Commissioner may appoint a fit person to discharge the functions of the trustee of the institution until the disability of the hereditary trustee ceases or another hereditary trustee succeeds to the office or for such shorter term as the Deputy Commissioner may direct. 28. 28. As per Explanation to sub-section (3), in making any appointment under this sub-section, the Deputy Commissioner shall have due regard to the claims of members of the family, if any, entitled to the succession. As per sub-section (4) of Section 47, any person affected by an order of the Deputy Commissioner under sub- section (3) may, within one month from the date of the receipt of the order by him, appeal against the order, to the Commissioner. As per sub-section (5) of Section 47, nothing in this section shall be deemed to affect anything contained in the Madras Court of Wards Act, 1902. 29. The observation made by a Division Bench of this Court in Ext.P4 judgment dated 04.09.2008 in W.P.(C)Nos.15998 and 26237 of 2005 is that if the Commissioner, Malabar Devaswom Board deems fit, he may constitute a committee consisting of Madayan, representatives of 3 families and representatives from the devotees and departmental officers and other responsible persons of the locality for overseeing the management of the temple in a fair and reasonable manner and for counting hundi collections in the presence of the representatives. In Ext.P7 judgment dated 16.07.2009 in W.P.(C)No.30999 of 2008, in the context of the challenge made by the Madayan, the hereditary trustee, against the order issued by the 3 rd respondent Commissioner, Malabar Devaswom Board appointing a Special Officer for Parassinikkadavu Sree Muthappan Temple, after taking note of the observation contained in Ext.P4 judgment dated 04.09.2008, the Division Bench found that the action taken by the 3 rd respondent Commissioner in taking steps in compliance of the said judgment could not be re-agitated before this Court. During the pendency of W.P.(C)No.30999 of 2008, the Division Bench made certain interim arrangements by appointing an Advocate Commissioner. Thereafter, the person who was appointed as Special Officer was replaced by a new person, who continued in the office without giving room for any complaint from any corner. In such circumstances, the Division Bench by Ext.P7 judgment closed W.P.(C)No.30999 of 2008. 30. The provisions under the Madras Hindu Religious and Charitable Endowments Act referred to hereinbefore do not empower the 2 nd respondent Malabar Devaswom Board or the 3 rd respondent Commissioner, Malabar Devaswom Board to constitute a committee to oversee the administration or management of Parassinikkadavu Sree Muthappan Temple, which is a controlled institution under the Board, by the Madayan, who is the hereditary trustee. In the absence of any statutory provision enabling the 2 nd respondent Board or the 3 rd respondent Commissioner to constitute such a committee, no interference is warranted on Ext.P10 order dated 08.02.2012 of the 3 rd respondent Commissioner or Ext.P14 order dated 11.05.2015 of the 1 st respondent State, declining the request made by the petitioner Seva Sangam for the constitution of such a committee. In the result, we find no reason to interfere with Ext.P10 order passed by the 3 rd respondent Commissioner, Malabar Devaswom Board or Ext.P14 order passed by the 1 st respondent State. The petitioner is not entitled to any of the reliefs sought for in this writ petition. Accordingly, this writ petition is dismissed; however, with an observation that the 2 nd respondent Malabar Devaswom Board and the 3 rd respondent Commissioner, by exercising their powers strictly in accordance with the provisions under the Madras Hindu Religious and Charitable Endowments Act, shall ensure proper administration and management of the temple by the Madayan, who is the hereditary trustee.