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Reportable in the Supreme Court of India Civil Civil Appeal No. 2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/CIVIL ORIGINAL/INHERENT JURISDICTION CIVIL APPEAL NO.2732 OF 2020 [Arising Out of Special Leave Petition (C) No.11295 of 2011] SRI MARTHANDA VARMA (D) THR. LRs. & ANR. …Appellants VERSUS STATE OF KERALA & ORS. …Respondents WITH CIVIL APPEAL NO. 2733 OF 2020 [Arising Out of Special Leave Petition (C) No.12361 of 2011] AND WRIT PETITION(C) No.518 OF 2011 AND CONMT. PET.(C) No.493 OF 2019 IN SLP(C) No.12361 OF 2011 Civil Appeal No. 2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 2 J U D G M E N T Uday Umesh Lalit, J. 1. Leave granted in Special Leave Petition (Civil) No.11295 of 2011 and Special Leave Petition (Civil) No.12361 of 2011. 2. Sree Chithira Thirunal Balarama Varma who as Ruler of Covenanting State of Travancore had entered into a Covenant in May 1949 with the Government of India leading to the formation of the United State of Travancore and Cochin, died on 19.07.1991. His younger brother Uthradam Thirunal Marthanda Varma and the Executive Officer of Sri Padmanabhaswamy Temple, Thiruvananthapuram (hereinafter referred to as ‘the Temple’) as appellants 1 and 2 respectively have filed these appeals challenging the judgment and order dated 31.01.2011 passed by the High Court1 in Writ Petition (Civil) No.36487 of 2009 and in Writ Petition (Civil) No.4256 of 2010. A) Writ Petition (C) No.36487 of 2009 was filed by one T.P. Sundara Rajan, a practising Advocate praying that the High Court be pleased 1 The High Court of Kerala at Ernakulum Civil Appeal No. 2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 3 to issue a Writ of Quo Warranto directing the appellant No.2 herein to show the authority under which he was holding the post of Executive Officer of the Temple and that the State be directed to take immediate steps to administer the Temple on the lines of Guruvayoor Devaswom. The Writ Petition was filed by the licensee of premises belonging to the Temple, against whom the management had taken steps for eviction. B) Thereafter Writ Petition (Civil) No.4256 of 2010 was filed by the present appellants. After referring to relevant Articles of the Covenant entered into between the Ruler of the Covenanting State of Travancore and the Central Government which Covenant is dealt with in extenso hereinafter, it was submitted:- “Acknowledging the terms contained in the Covenant the Government of the United State of Travancore and Cochin enacted Act 15 of 1950, the Travancore Cochin Hindu Religious Institutions Act, 1950 (hereinafter referred to as ‘Act’) which was later acknowledged by the State of Kerala, as evidenced by later amendments making specific provisions in relation to Sree Padmanabhaswamy Temple and its properties and its administration. Chapter II of Part I of the Act deals with the Travancore Devaswom Board, Section 2(c) defines the incorporated and unincorporated Devaswom, which says that ‘incorporated Devaswoms’ means the Devaswoms mentioned in the schedule 1 and ‘unincorporated Devaswoms’ means those Devaswoms including Hindu Religious Endowments whether in or outside Travancore which were under the management of the Maharaja of Travancore and are separately dealt with. … … … Civil Appeal No. 2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 4 7. The right of the Maharaja that existed prior to the execution of the Covenant Ext. P1, which is nothing but the sovereign right, to control and supervise the administration of the Temple, the Pandaravaka properties etc. are insulated from they being made the subject matter of attacks before Courts, including The Supreme Court by Article 363 of the Constitution-Construing the Article the Supreme Court has held that no dispute touching the subject matter of a covenant etc., shall be entertained by courts including the Supreme Court. The only remedy is the one prescribed by Article 143. … … … 10. The above-mentioned rights, privileges, status etc. of the 1st petitioner vis-à-vis of the Padmanabhaswamy temple the 2nd petitioner, guaranteed by the Central Government, as discernible from Ext. P1 and preserved and protected by Article 363 of the Constitution, notwithstanding, a few members of the public with the backing of certain political parties, have filed a representative Suit O.S. 625/2007 for a permanent prohibitory injunction restraining the second petitioner from opening the six Kallaras (cellars) inside the Nalambalam.” The Writ Petition prayed that Original Suit Nos.625 of 2007, 1618 of 2009 and 1831 of 2009 be transferred by the High Court to itself and the same be disposed of on the basis of the preliminary issue regarding maintainability. i) Original Suit No.625 of 2007 was filed in the Court of Subordinate Judge, Thiruvananthapuram alleging that the plaintiffs (respondents 3 and 4 in appeal arising out of SLP (Civil) No.12361 of 2011) were aggrieved by the state of affairs prevailing in the Temple and prayed, inter alia, for following reliefs:- Civil Appeal No. 2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 5 “A. A decree of permanent prohibitory injunction restraining the defendants, his agents, henchmen or any other person claiming to have any right in the affairs or the Temple from opening the six Kallara (cellars) inside the nalambalam which is plaint B schedule herein or take any articles from the Cellar in any form, in any manner or for any purpose or act in any manner detrimental to the interest of the deity or the devotees. B. To pass a decree of mandatory injunction removing all articles brought inside the temple that is plaint A schedule by the 2nd defendant against the customs, practice and traditions at his own expenses or in the alternative permit the plaintiffs to remove the same at their own expenses and to recover the same from the defendants and their assets. … … … PLAINT SCHEDULE PROPERTIES PLAINT “A” SCHEDULE Sree Padmanabhaswamy Temple situated inside the Fort Area with eight entrances spread over a sprawling 7.04 acres of land together with numerous buildings, temples and all other things attached thereto of Vanchiyoor Village, Trivandrum Taluk, Trivandrum District. PLAINT “B” SCHEDULE a. Kallara No.1 on the southern side of the Nalambalam inside the chandanamandapam. b. Kallara No.2 on the South west corner outside the chandanamandapam inside the nalambalam. c. Kallara No.3 on the north western side inside the Nalambalam. d. Kallara No.4 on the northern side inside the Nalambalam e. Kallara No.5 inside the Sreekovil on the northern side next to the idol for Vishwaksenar. Civil Appeal No. 2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 6 f. Kallara No.6 inside the Sreekovil on the south eastern corner towards the exit gate to Thekkedom Narasimhamoorthy Temple.” ii) Original Suit No.1618 of 2009 was filed by one of the employees of the Temple and prayed:- “(A) To declare that Defendants 3 & 4 have no authority to act as office bearers of Sree Padmanabha Swami Temple as it is legally held that they have no authority to occupy their positions, … … and for the same, necessary directions may be given to Defendants 1 & 2 about their illegal occupation. (B) To pass a decree of permanent prohibitory injunction restraining the 3rd and 4th Defendants from forcibly obstructing the plaintiff from discharging her duties as an employee which she is carrying out for the past 20 years or from doing any act which is detrimental to the interest of the Plaintiff in doing her lawful work and for which the Defendants 3 & 4 have no legal authority. (C) To pass a decree of permanent prohibitory injunction restraining the 3rd and 4th defendants from doing any act which affects her job as a Computer Operator in Ticket Counter attached to Sree Padmanabha Swami Temple.” iii) Original Suit No.1831 of 2009 was filed in the Court of Munsiff, Thiruvananthapuram by General Secretary of “Sree Padmanabhaswamy Temple Staff Organisation” (respondent No.6 in appeal arising out of SLP (Civil) No.12361 of 2011) claiming following reliefs:- “A. To pass a decree declaring the orders, no.5/SPST/09 dated 10.06.2009 and 14.07.2009 issued by the 2nd defendant creating the post of “Administrative Officer” and thereby posted the 3rd defendant in the said post, as void and non est, since it was done Civil Appeal No. 2732 of 2020 (arising out of SLP(C)No.11295 of 2011) etc. Sri Marthanda Varma (D) Thr. LRs. & Anr. vs. State of Kerala and ors. 7 by the 2nd defendant without any authority, by manifestly flouting the Rules prevailing in the Temple and without legal sanctity. B. To pass a decree of mandatory injunction directing the 2nd defendant to remove the 3rd defendant from the post to which he has been assumed charges, failing which the 3rd defendant may be removed by the intervention of this Hon’ble Court.” 3. In the Suits, the authority of the appellants herein to be associated with the affairs of the Temple was under challenge, while the very maintainability of the Suits was questioned by the appellants.
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