JUDGMENT : Muralee Krishna, J. The petitioners who are devotees of Kadampuzha Bhagavathy Temple which is a controlled institution under the 7 th respondent Malabar Devaswom Board filed this writ petition under Article 226 of the Constitution of India, seeking the following reliefs: “i. Issue writ of mandamus or any other appropriate writ order or direction, directing or compelling the Vigilance Department to conduct an in-depth enquiry into the allegations raised against the 4 th respondent and further direct the said report to be produced before this Hon’ble Court for its kind consideration and further action. ii. Issue writ of mandamus or any other appropriate writ order or direction, directing or compelling the Board not to proceed with the construction of the Annapoorna Shopping Complex sanctioned as per Ext.P7 without obtaining orders from this Hon’ble Court.” 2. Going by the averments in the writ petition the petitioners are ardent devotees of Kadampuzha Bhagavathy Temple situated at Tirur Taluk in Malappuram District. They are permanent residents of Kadampuzha. The petitioners and their family members regularly go to the Kadampuzha Temple to offer their prayers and also take active interests in the welfare of the temple. There is no Trustee Board at present for the temple. The temple is being managed by the 3 rd respondent Executive Officer. The 4 th respondent assumed charge as Executive Officer of the Temple on 01.11.2021. He is to retire on 31.05.2023. There were serious and grave charges against the 4 th respondent during his service period. As per the Commissioner’s proceedings bearing No.J1.6507/2014/MDB dated 29.10.2014, a memo of charges was given to the 4 th respondent. As per this charge memo, the 4 th respondent while working as Head Accountant, in the year 2011 had for his personal interest, without the knowledge of the superiors, on a holiday, entered into the office of the Commissioner and had removed the attendance register of the month of May. Moreover, he had forged the attendance register by forging the signatures of the other employees. The allegation was that he had done this to destroy the evidence against him. However, though the allegations raised against him were very serious in nature and required an in-depth enquiry, it is understood that no enquiry was conducted. Moreover, he had forged the attendance register by forging the signatures of the other employees. The allegation was that he had done this to destroy the evidence against him. However, though the allegations raised against him were very serious in nature and required an in-depth enquiry, it is understood that no enquiry was conducted. It is understood that the 4 th respondent pleaded guilty to the charges and the Commissioner as per its order dated 09.01.2015 had recommended major punishment on the 4 th respondent. But, due to the high influence exerted by the 4 th respondent, even after he pleaded guilty to the grave charges, only a minor punishment of barring his increment for one year alone was made. This is an order which was passed on 14.11.2016 by the Commissioner. Irked by the simple punishment imposed by the 4 th respondent for such grave action, devotees of the temples had sent representations to the Commissioner even as early as in the year 2019. One such representation is Ext.P1 dated 29.03.2019. 2.1. There is only one hereditary Melsanthi in the temple.There were certain Keezhsanthies working in the temple. The 4 th respondent in his capacity as the Executive Officer under the dictates of the Local Secretary of the C.P.I.(M) started preparation for appointing these keezhsanthies as permanent employees of the temple. For the said purpose he could get the sanctions of the higher authorities. These permanent appointments of 12 Keezhsanathies were made even without calling for any application from qualified candidates. These posts were not notified. By this act of the 4 th respondent, more than 50 lakhs of rupees is the additional expenditure incurred for the temple. From Ext.P3 order dated 31.12.2021 of the 1 st respondent it could be seen that the Keezhsanthies were appointed permanently while working as non-hereditary Keezhsanthies. These appointments were initially mooted by the 4 th respondent. From Ext.P4 report dated 11.08.2021 submitted to the commissioner, it is clear that there is only one post of hereditary Shanthi in the temple. 2.2. There is a Dialysis Unit set up with the funds given by the devotees. It is situated on the other side of the temple and located in 6 acres of property. This Dialysis Centre is a boon to the needy. 2.2. There is a Dialysis Unit set up with the funds given by the devotees. It is situated on the other side of the temple and located in 6 acres of property. This Dialysis Centre is a boon to the needy. However, in order to wrest power on this Unit, the 4 th Respondent who is to retire within a short time has prepared Ext.P5 Memorandum of Understanding between himself in his capacity as the Executive Officer of the Kadampuzha Devaswom and with Charitable Trust. A reading of Ext.P5 would show that it is on the basis of a Trust which has not come into existence that the said Memorandum of Understanding is executed by the 4 th respondent. A reading of the said MOU would show that as and when a Charitable Trust is formed and registered it is substituted by the 1 st party, which itself would show that the attempt of the 4 th respondent is to continue as the Head of the Dialysis Unit on the ground that he is the Trustee of the Trust to be formed. 2.3. There is an open space in front of the temple. This is a space where the festivals of the temple namely Laksharchana and Karthika are conducted. This is an open area where people assemble. The Executive Officer of the Board has now given an estimate for Rs.7,01,00,000/- for the construction of a concrete structure on this open space for the construction of a Commercial Complex known as Annapoorna Commercial Complex. If the said construction is allowed to go on, the vacant property of the temple would be irretrievably lost. Lakhs of devotees who come to the temple on the festival day namely Thrikkarthika and Laksharchana would not have any place to stand or view the festival, if this concrete structure is made. 2.4. A devotee had contributed a Gopuram and a Gate to the Temple by spending a huge amount from his pocket. This is about to be unceremoniously removed on the ground and it would hamper the construction of the Shopping Complex. Apart from this huge expenses are set apart for renovating the Guest House which does not require any renovation, as some of the rooms are fully plastered with wood. This is all the high handed action of the Executive Officer. This is about to be unceremoniously removed on the ground and it would hamper the construction of the Shopping Complex. Apart from this huge expenses are set apart for renovating the Guest House which does not require any renovation, as some of the rooms are fully plastered with wood. This is all the high handed action of the Executive Officer. As per Ext.P6 order dated 21.02.2022, the Devaswom Commissioner has without any enquiry sanctioned an amount of Rs.72,65,449/- for the renovation of the Guest House. By Ext.P7 order dated 15.12.2022 more than seven crores was sanctioned for the construction of the shopping complex. 2.5. While there was a committee for the temple they had started giving Prasada Oottu to the devotees. Many of the devotees used to partake in the Prasada Oottu. For preparing the food, for serving etc., persons who are qualified were appointed. Those employees numbering 8 were employed for the preparation of the Prasada Oottu as evident from Ext.P9 list of scheduled employees. The Prasada Oottu was a success, as the devotees who came to the temple for worship thought that they had a duty to partake in the Prasada Oottu. However, in the year 2022 the 4 th respondent for reasons of his own decided to invite tender from outsiders for the conduct of the Prasada Oottu. This was in spite of the fact that there were employees who were employed solely for the purpose of Prasada Oottu. There are irregularities in the tender process as evident from Ext.P10 report dated 12.01.2023 of the Assistant Commissioner. The 4 th respondent is acting not in the interests of the Temple or the devotees. In fact he is acting against public interest, against the wishes of the devotees. With these averments, the petitioner filed the Writ Petition. 3. On 28.02.2023 when this matter came up for consideration, after hearing the submissions made by the learned Senior Counsel for the petitioners, learned Standing Counsel for the Malabar Devaswom Board and the learned Senior Government Pleader, the writ petition was admitted. The learned Standing Counsel for the Malabar Devaswom Board took notice for respondents 1, 2 and 7. The learned Senior Government pleader took notice for respondents 5 and 6. Urgent notice by special messenger was ordered to respondents 3 and 4. The learned Standing Counsel for the Malabar Devaswom Board took notice for respondents 1, 2 and 7. The learned Senior Government pleader took notice for respondents 5 and 6. Urgent notice by special messenger was ordered to respondents 3 and 4. The 4 th respondent Executive Officer of Kadampuzha Bhagavathy Devaswom was directed to be personally present in Court at 2.00 p.m. on 03.03.2023 along with the files relating to Ext.P5 memorandum of understanding and Ext.P7 order dated 15.12.2022. 4. On 03.03.2023 in terms of the order dated 28.2.2023, the 4 th respondent Executive Officer was personally present in court along with files relating to Ext.P5 memorandum of understanding and Ext.P7 order dated 15.12.2022. The learned counsel for respondents 3 and 4 submitted that the counter affidavit of the said respondents was being placed on record. The files handed over by the 4 th respondent were directed to be kept in the safe custody of the Registrar (Judicial). 5. On 24.03.2023 the learned counsel for the 3 rd respondent Executive Officer of Kadampuzha Bhagavathy Devaswom sought time to place on record, the list of sanctioned posts, the staff pattern in Kadampuzha Bhagavathy Devaswom, including the approved and unapproved posts. In the said affidavit the Executive Officer was directed to furnish details of posts which are lying vacant, the posts in which temporary hands have been deployed and the posts occupied by promotees pending approval. 6. As per the order dated 16.06.2023 in I.A. No.7 of 2023, additional 8 th respondent was impleaded in the writ petition. 7. By the order 27.06.2023 all further proceedings for the purpose of constructing a shopping complex in the temple premises, in terms of the permission granted by the 1 st respondent commissioner, Malabar Devaswom Board in Ext.P7 order dated 15.12.2022 was ordered to be deferred for a period of ten days. The said interim order was extended from time to time. 8. By the order dated 25.01.2024 in I.A. No.1 of 2024, additional 9 th respondent was impleaded in the writ petition. 9. On 08.02.2024 when the matter was taken up for consideration, along with I.A.No.1 of 2024, the petitioners have placed on record, Ext.P25 order dated 31.10.2023 of the Assistant Forest Conservator, whereby the Executive Officer was restrained from cutting and removing any trees from the Devaswom land in connection with the construction of Annapoorna Shopping Complex. 9. On 08.02.2024 when the matter was taken up for consideration, along with I.A.No.1 of 2024, the petitioners have placed on record, Ext.P25 order dated 31.10.2023 of the Assistant Forest Conservator, whereby the Executive Officer was restrained from cutting and removing any trees from the Devaswom land in connection with the construction of Annapoorna Shopping Complex. The petitioners have also produced Ext.P26 donation receipt dated 05.01.2024 issued by Kadampuzha Bhagavathi Temple Charitable Trust, as per which an amount of Rs.250/- has been collected from a devotee by name, Sasi. In paragraph 6 of the affidavit filed in support of I.A.No.1 of 2024, it was alleged that as and when devotees come to the temple for worship, the officers of the Devaswom would approach them and ask them to make donations towards the dialysis centre. 10. Respondents 3 and 4 filed a counter affidavit dated 03.03.2023 producing therewith Exts. R3(a) to R3(t) documents and an additional counter affidavit dated 27.3.2023 producing therewith R3(u) to R3(aa) documents. 11. The petitioners produced Ext.P13 document along with I.A. No.2 of 2023, Ext.P14 along with I.A. No.4 of 2023 and Ext.P15 along with I.A. No.6 of 2023. The petitioners have also filed a reply affidavit to the counter-affidavits producing therewith Exts.P16 to P23 documents. 12. The 8 th respondent filed a counter affidavit dated 11.07.2023 producing therewith Exts.R8(a) to R8(c) documents. Respondents 1 and 7 filed counter affidavits dated 31.07.2023 producing therewith Exts R1(a) and R1(b) documents. 13. By I.A. No.1 of 2024, the petitioners have produced Exts.P24 to P26 documents. 14. Heard Sri.M.Ramesh Chander, the learned Senior Counsel for the petitioners, the learned Senior Government Pleader, the learned Standing Counsel for the Malabar Devaswom Board, the learned counsel for the respondents 3 and 4 and the learned counsel for the 8 th respondent. 15. In A.A. Gopalakrishnan v. Cochin Devaswom Board [ (2007) 7 SCC 482 ] a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of ‘fence eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 16. In Travancore Devaswom Board v. Mohanan Nair [ 2013 (3) KLT 132 ] a Division Bench of this Court noticed that, in A.A. Gopalakrishnan [ (2007) 7 SCC 482 ] a Three-Judge Bench of the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The Division Bench further noticed that the relevant principles under the Hindu law will show that the deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court is the guardian of the deity and apart from the revisional jurisdiction under Section 103 of the Kerala Land Reforms Act, 1963, the High Court is having inherent jurisdiction and the doctrine of parens patriae will also apply in exercising the jurisdiction. 17. In Muraleedharan M. v. Malabar Devaswom Board and others [2024 (6) KHC SN 20] , a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party held that in view of the provisions contained in Chapter II of the Madras Hindu Religious and Charitable Endowments Act of 1951, as amended by the Amendment Act of 2008, held that the Malabar Devaswom Board and the authorities under the Board, including the Commissioner, have essentially the duty and obligation to act in trust. In view of the provisions contained in Section 24 of the Act, 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. 18. From the pleadings in the writ petition and from the documents produced, we notice that serious allegations are raised against the 4 th respondent, which warrants a thorough enquiry. The petitioners have filed Ext.P15 complaint dated 06.04.2023 against the 4 th respondent before the 1 st respondent, where no orders have been passed till date. Having considered the pleadings and materials on record and the submissions made at the Bar, in view of the judgments referred above, we deem it appropriate to dispose of this writ petition directing the 1 st respondent Commissioner, Malabar Devaswom Board to consider and pass appropriate orders in Ext.P15 complaint dated 06.04.2023 filed by the petitioners, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment after affording all the parties concerned to make written submissions before him, raising appropriate legal and factual contentions. Till such orders are being passed by the 1 st respondent, the interim order dated 27.06.2023 shall continue. Registry shall return the files pertaining to Exts.P5 and P7 to the learned counsel for the 4 th respondent, which are under the safe custody of the Registrar (Judicial).