NDLI: Sri Marthanda Varma (d) Th. Lrs. & Ors. Vs. State of Kerala & Ors.

Sri Marthanda Varma (d) Th. Lrs. & Ors. Vs. State of Kerala & Ors.

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Sri Marthanda Varma (d) Th. Lrs. & Ors. Vs. State of Kerala & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Travancore-Cochin Hindu Religious Institutions Act 1950
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case Type	Miscellaneous Application
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Travancore-Cochin Hindu Religious Institutions Act, 1950 – Sri Padmanabhaswamy Temple – In first batch of Miscellaneous Applications, two reports each of the Administrative and Advisory Committees of temple were filed – The Administrative Committee report dated 10.12.2020 stated that Temple was facing financial crisis, resulting from the outbreak of the COVID-19 pandemic and the subsequent lockdown – So, the direction contained in the Para 116(e) of judgment dated 13.07.2020 regarding audit for the last 25 years of the temple can be complied with only when the situation attains normalcy – In the Administrative report dated 31.08.2021, it was stated that Sree Padmanabha Swamy Temple Trust (SPSTT) was created only for the benefit of the temple and temple is its sole beneficiary – As per the Trust deed, the income from the Trust has to be used only for the benefit of the temple – Earlier, the Amicus Curiae had opined in his report (page 375, Volume I, April 2014) that the utilisation of income of the Trust for the Temple was not adequately established and thus he recommended for auditing the accounts of the Trust, during the special audit – It was further submitted in report dated 31.08.2021 that that the Temple is facingan unprecedented crisis, which can only be tide over with the aid of the Trust and the Government – In the second batch of Miscellaneous Application, the SPSTT prayed to exclude SPSTT from the audit of its accounts as per the directions given in Paragraph 116(g) of the judgment dated 13.07.2020 in Civil Appeal No.2732 of 2020, as the said Trust remains separate and distinct from Sree Padmanabhaswamy Temple and also prayed to hold that the applicant SPSTT is an independent entity distinct form Sree Padmanabhaswamy Temple and does not come under the administrative control of the Administrative Committee and/ or Advisory Committee under the Travancore Cochin Hindu Religious Endowments Act, 1950 – Held: If direction No.116(g) in the said judgment, is considered in the light of developments leading to the passing of the Judgment dated 13.07.2020, it is quite clear that the audit contemplated by said direction was not intended to be confined to the Temple but was also with respect to SPSTT – This direction has to be seen in the light of the report dated 15.04.2014 of the Amicus Curiae and the submissions of SPSTT, as recorded in the order dated 05.05.2015, in which it was stated by the Trust that it has no difficulty in cooperating with the scrutiny of audit reports and even in conducting fresh audit – Therefore, the first prayer made in the second batch of Miscellaneous Application to exclude SPSTT from the audit is rejected and as far as second prayer i.e. to hold that the applicant SPSTT is an independent entity distinct form Sree Padmanabhaswamy Temple is concerned, it will require assessment of facts and analysis of same may be done appropiately by the Court or a competent authority – So, this Court refrain from going into issues pertaining to second prayer – Now, considering the reports filed by the Administrative and Advisory Committees of temple, it is directed that the special audit, with respect to Sree Padmanabhaswamy Temple and SPSTT be completed as early as possible.
Judge	N/A
Neutral Citation	2021 INSC 525
Petitioner	Sri Marthanda Varma (d) Th. Lrs. & Ors.
Respondent	State Of Kerala & Ors.
SCR	[2021] 7 S.C.R. 619
Judgement Date	2021-09-22
Case Number	2280-2281

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