Public interest and Temple Management

The scope and ambit of a public interest litigation in the matter of MANAGEMENT of a TEMPLE, governed by the provisions of a statutory enactment, came up for consideration of this Court in Guruvayoor Devaswom Managing Committee vs. C. K. Rajan, (2003) 7 SCC 546. It was, inter alia, held as follows :

“When the administration of the TEMPLE is within its control and it exercises the said power in terms of a statute, the State, it is expected, normally would itself probe into the alleged irregularities. If the State through its machinery as provided for in one Act can arrive at the requi-site finding of fact for the purpose of remedying the defects, it may not find it necessary to take recourse to the remedies provided for in another statute. It is trite that recourse to a provision to another statute may be resorted to when the State finds that its powers under the Act governing the field is inadequate. The High Courts and the Supreme Court would not ordinarily issue a writ of mandamus directing the State to carry out its statutory functions in a particular manner. Normally, the Courts would ask the State to perform its statutory functions, if necessary within a time frame and undoubtedly as and when an order is passed by the State in exercise of its power under the Statute, it will examine the correctness or legality thereof by way of judicial review.”