Travancore royals get managerial right over Padmanabha temple

NEW DELHI: The Supreme Court on Monday restored the right of “Managership or the Shebaitship” of Sree Padmanabhaswamy temple at Thiruvananthapuram in Kerala to the royal family of Travancore but the administration of the temple will be managed by a committee headed by a district judge.
A bench of Justices U U Lalit and Indu Malhotra ruled in favour of the royal family over right to manage and administer the affairs of one of the richest temples of the world.The family had challenged the order of the Kerala High Court which had held that the royal family could not claim to be in control or management of the temple as successor to the last ruler. The family, however, would not have absolute say in the administration as it agreed before the court to delegate its power to the administrative committee.
The family, however, cannot claim the property of the temple as it made an “unequivocal stand” before the apex court that “the temple is a public temple and no claim can probably be made by the petitioner or anyone to owning the temple or its treasures”. It told the court that it was only seeking the right as a trustee of the temple to manage and administer.
Accepting the suggestion of the family for setting up of an administrative committee, the court said its composition would not be loaded either in favour or against the trustee. The committee will be headed by the district judge of Thiruvananthapuram and also consist of chief ‘Thantri’ of the temple and three others nominated by the trustee, the Kerala government and the culture ministry.
The Bench, however, refrained from directing unlocking of ‘Kallara (vault) B’ which is said to be containing a large amount of treasures in terms of gold and other precious items. It left it for the administrative committee to take a call on the issue. The court had earlier directed preparation of an inventory of ornaments and precious stones in Kallara A to F but later clarified that Kallara B would not be opened without express order of the apex court.
The bench also directed appointment of an advisory committee, comprising a retired HC judge nominated by the Chief Justice of the Kerala HC as the chairperson, one eminent person to be nominated by the trustee; and a reputed chartered accountant to be nominated by the chairperson in consultation with the trustee. The committee will advise the trustee and ensure regular annual audit of the finances of the temple. The court said all members of both the committees will be Hindus.
Granting managerial rights to the royal family, the bench said, “Shebaitship is like any other heritable property which would devolve in accordance with custom or usage, and that the rule of custom must prevail in all cases, even after the death of the erstwhile Ruler of Travancore in 1991, the Shebaitship of the Temple being unconnected with the official status of the person who signed the Covenant, must devolve by the applicable laws of succession and custom”.
It said the “Constitution of India as well as the Travancore-Cochin Hindu Religious Institutions Act did not, in any way, upset or abridge the status enjoyed by the Ruler of Travancore as Shebait of the temple and also did not, in any manner, adversely impact the right of administration vested in the Ruler of Travancore”.
The court directed the royal family to file an appropriate affidavit of undertaking within four weeks agreeing to the verdict and said it will be binding on the family members and its successors. It said both the committees will have to be constituted and become functional within four weeks after the affidavit is filed.
Granting managerial rights to the royal family, the bench said, “Shebaitship is like any other heritable property which would devolve in accordance with custom or usage, and that the rule of custom must prevail in all cases, even after the death of the erstwhile Ruler of Travancore in 1991, the Shebaitship of the Temple being unconnected with the official status of the person who signed the Covenant, must devolve by the applicable laws of succession and custom”.
It said that the Constitution of India as well as that of the Travancore-Cochin Hindu Religious Institutions Act did not, in any way, upset or abridge the status enjoyed by the Ruler of Travancore as Shebait of the Temple and also did not, in any manner, adversely impact the right of administration vested in the Ruler of Travancore.
The court directed the royal family to file an appropriate affidavit of undertaking within four weeks agreeing to the verdict and said that the undertaking will be binding on the family members and its successors. It said that both the Committees shall be constituted and become functional within four weeks after the affidavit is filed.