Pazhangotte Unnikanna Menon vs Karimkulangara tarward Karnavan, Lakshmi Vayankara Amma's son Kesavan Unni Nair and Others

Lakshmana Rao, J.—This second appeal arises out of a suit for redemption of a kanom granted by the trustees of the Chen-gattoor

Ayyappan temple in favour of the tarwad of defendants 1 to 29 and the sole question for determination is whether the melkanom granted by the

second plaintiff, one of the five trustees, to the first plaintiff, is valid. The melkanom was not granted in consultation with the other trustees nor is it

the act of t&e majority. It would therefore be invalid under the general law, vide Thattan Kontner''s son Kunhan of Thekkumangalam Desam Vs.

Mangalath Manakal Narayanan Nambudripad''s son Moorthi alias Ashtamoorthi Nambudripad and Others, and the execution of renewals in

favour of the original kanomdars by the other trustees independently of the second plaintiff cannot possibly entitle the second plaintiff to act by

himself. The melkanom in question cannot therefore be upheld under the general law, nor does Section 76 of the Madras Hindu Religious

Endowments Act empower the Endowments Board to authorise an alienation of temple property by persons not competent under the general law

to deal with it. That section only invalidates alienations of the kind specified therein by competent persons unless sanctioned by the Board on the

ground of necessity or benefit and, as pointed out in Ramaswami Poosari v. The Madras Hindu Religious Endowments Board (1934) 68 M.L.J.

178 in which the powers of the Board u/s 18 of the Act as amended in 1930 were considered, the Board has no powers of interference with

hereditary trustees of excepted temples, as in this case, in matters of internal management. The Act does not authorise the Board to ignore the

existence of hereditary trustees or supersede them, nor does Section 18 empower the Board to authorise an alienation of temple property by a

person not competent to deal with it under the general law. There was also no occasion for the exercise of any emergency powers and it follows

that the Subordinate Judge was right in holding that the melkanom was invalid. The suit was therefore rightly dismissed and the first plaintiff may

enforce his claim, if any, in respect of the renewal fee for the melkanom in a separate suit.

The second appeal therefore fails and is dismissed with costs of the third respondent.

Leave is refused.