Sankarasubban, J.

Both these T.D.Bs. relate to the appointment of Melsanthi in the Sree Vallabha Maha Temple, Thiruvalla. Sree Vallabha Maha Temple is under the management of the Travancore Devaswom Board. Both these cases were registered on the basis of complaints sent by one Vishnu Narayan Namboodiri and Easwaran Krishnan Namboodiri. The complaint of the complaints is as follows:

2. There is no competent Melsanthi in Sree Vallabha Maha Temple, who is capable of performing "Pancharaatra School of Vaishnava Pooja" in the Temple. According to the complaints, the said pooja could be performed only a Karanma Santhi having hereditary competence and right as far as the Temple is concerned. The conduct of poojas in the Devaswom Temples are devised mainly as per the principles contained in Tantric Texts. The authority in this field could be traced to the text "Tantra Samuchayam" written by Brahmasree Chennad Manackal Narayanan Namboodirippadu in the year 1427. According to the Tantri, various poojas conducted in Sree Vallabha Maha Temple are unique and rare. The poojas are conducted according to the "Yajanavali Text" on the basis of Pancharaatra System contained in Sree Durvasa Samhita. Special type of poojas are not being conducted in other temples under the Travancore Devaswom Board and close similarity could be seen as far as the poojas in Sree Poornathrayeesa Temple, Tripunithura is concerned. The unique and salient features of the conduct of poojas in Sree Vallabha Maha Temple are available in Chapter 21 of the book "Sree Vallabha Maha Kshetra Charithram" published by Sri. P. Unnikrishnan Nair. Complainants also refer to certain extracts from the book "Thulasiharam" written by Smt. Aswathi Thirunal Gouri Lakshmi Bai.

3. According to the complainants, there are altogether five families, who were having karanma right for functining as Melsanthi in Sree Vallabha Maha Temple. Those families are (1) Ambly, (2) Annankala, (3) Karakkadu, (4) Sreevelli and (5) Nedumbrathu Cherukudal. For about more than 17 years, none from the above families has worked as Karanma Melsanthies in the above Temple. During the above period, the persons who are employees of Devaswom Board were functioning as Melsanthies in the Temple. According to the Thantri, those persons were told about the unique and salient features of the Pancharaatra system of poojas in the Temple while they were initiated before assuming charge as Melsanthi in the Temple. The complainant Vishnu Narayanan Namboodiri made a proposal for being appointed as Melsanthi. After considering his request, he was appointed as Melsanthi. Even though initially it was stated that he has karanma right, subsequently, the order was modified stating that he was appointed as a special case.

4. According to the complainant, karanma right is recognised as per the Travancore-Cochin Hindu Religious Insitutions Act and hence, those who are entitled to perform duties in the Temple as per the karanma right, should be appointed as Melsanthies.

5. The complainants have brought to our notice a judgment dated 8.8.1997 in O.P. No.2916 of 1995. There is a direction in that judgment to the Travancore Devaswom Board to consider the question of the right of karanma holders in the light of the relevant statutes and proclamations and after giving the parties affected an opportunity of being heard. The complaint is that in spite of the directions, no steps have been taken by the Travancore Devaswom Board with regard to the right of karanma holders.

6. When the matter came before us, in view of the rights claimed by the complainants and the pendency of the two complaints before this Court with regard to the availability of karanma right, we directed publication in the newspapers. In response to the notification, persons were impleaded.

7.The Travancore Devaswom Board filed a statement dated 11th July, 2000. In paragraph 2 of the above statement, it is stated as follows: " After considering the contentions urged by the karanma holders and perusing the relevant documents it arrived at a conclusion that it could be in the best interests of the Board to continue to recognise the karanma right as they exist today. According to him those rights need be abolished only when there is no member of the concerned family to whom the right can be passed on". After considering the order, Sri Narayanan, the former Devaswom Commissioner recommended that it is better to continue the system of karanma service for the time being and the Board came to the conclusion that continuance of the karanma system now in force is more beneficial to the Devaswoms at present and as such it may be continued deeming that the karanma families and tarwads continue for the purpose, retaining the right of the Board to abolish the system if and when the circumstances change.

8. Thus, the Board has now taken a decision not to abolish the karanma stystem and continue the karanma system and thus put an end to the controversy raised by the complainants. But the Travancore Devaswom Board took the contention that so far as Melsanthi of Sree Vallabha Temple is concerned, the karanma right has been lost and it cannot be invoked by the families. This is raised in the counter filed by the Travancore Devaswom Board in T.D.B. No.17 of 2000. The main ground taken is that none from the karanama familes was available to perform poojas and at that time poojas were performed by the priests and hence, the complainants cannot say that karanma system prevails by appointing Melsanthies. Further it is stated that Vishnu Narayanan Namboodiri was appointed as Melsanthi not in his right as karanma holder, but as a special case.

9. After hearing both sides, we are of the view that the contention of the Travancore Devaswom can be accepted. The Travancore Devaswom Board has now taken the decision to continue the karanma service for the Temples. If karanma service is to be abolished that has to be done by the Travancore Devaswom Board. According to Section 28 of the Travancore Cochin Hindu Religious Institutions Act, the Board shall have absolute control over the holders of all karanma services and also over all the properties, Thiruppuvarams and other emoluments. Whenever it is reported that owing to incompetency, negligence or other cause, any karanma service is not being regularly performed or that on alienation of karanma service or of the property, Thiruppuvaram or other emolument attached thereto, has been affected by the karanma holder or by any member or members of the karanma family, the Board shall give due notice of the charge to the head of the family and the next senior member, and also to such other members of the karanma family as the said Board may deem necessary and if after hearing their objections if any, the Board is satisfied that there has been an alienation of the karanma service or of the property or of the Thiruppuvarams or of the other emoluments attached thereto or that there has been a failure to perform the service properly or regularly, the Board shall suspend, remove, deteraine, cancel or deal with any other manner the karanma right of the family to the service. Thus, karanma right has to be protected by the Travancore Devaswom Board. In this case, such action has not been attempted by the Travancore Devaswom Board.

10. Hence, we are of the view that the karanma service is available to five families, the member of which can be nominated as Melsanthi in Sree Vallabha Maha Temple. Hence, we direct the Travancore Devaswom Board to appoint any person from the abovementioned five families, who are entitled to karanma right as Melsanthi in the Sree Vallbha Maha Temple.

T.D. Bs. are disposed of as above.