Mahabodhi International Spiritual & Charitable Trust v. State of Kerala

Kerala HC27 Oct 2020WP(C)/12667/2018

Case brief

AI extract

What is this about?

A Trust sought a declaration that refusal to forward its financial assistance application to the Centre based on an unproven police report was illegal. The Court held respondents must forward applications and direct them to do so expeditiously with their findings. Quality assessed as thin.

What did the court decide?

Directed respondents to forward the petitioner's applications for financial assistance to the fourth respondent expeditiously, accompanied by findings.

Mahabodhi International Spiritual… — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 27TH DAY OF OCTOBER 2020/5TH KARTHIKA, 1942

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WP(C).No.12667 OF 2018(G)

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PETITIONER:

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MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST, 'TUSITA', CHALAPPURAM, KOZHIKODE - 673 002, REP.BY ITS MANAGING TRUSTEE, R.N. PILLAI.

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BY ADVS. SRI.SHYAM PADMAN SRI.C.M.ANDREWS SRI.P.T.MOHANKUMAR SMT.BOBY M.SEKHAR KUM.LAYA MARY JOSEPH IRENE PARAMEL

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT., SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE SECRETARY, DEPARTMENT OF CULTURE, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 THE DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION, KOZHIKODE - 673 020. 4 THE SECRETARY, MINISTRY OF CULTURE, GOVT. OF INDIA, SASTHRI BHAVAN, NEW DELHI - 110 001. R4 BY ADV. SRI.K.SHRI HARI RAO, CGC R1-3 GOVERNMENT PLEADER - SMT. RASHMI K.M. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.12667/2018(G)

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 27^th day of October, 2020

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The petitioner, a registered Trust formed for the Promotion of Buddhism, is before this Court seeking to declare that the refusal of the 2^nd respondent to forward Ext.P3 application of the petitioner for financial assistance, to

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the 4^th respondent based on Ext.P7 report by the 3^rd respondent that the petitioner has made a false claim, is illegal, unsustainable and unwarranted. The petitioner seeks to direct the 2^nd respondent to disregard Ext.P7 report when dealing with any future applications by the petitioner for financial assistance to the 4^th respondent. The petitioner has also sought for certain other incidental reliefs.

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The petitioner states that it is a registered Trust formed for establishment of Buddhism temples and mediation centres, translation of Buddhist works,

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WP(C) No.12667/2018(G)

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promulgation of Buddhist teachings etc. The petitioner forwarded an application for financial assistance from the 4^th respondent under the Scheme for Development of Buddhist/Tibetan Culture Art, through the Secretary, Department of Culture, Government of Kerala. Based on an erroneous report by a police official that the petitioner had made a false claim that it is feeding Buddhist monks on a daily basis, the Government of Kerala has refused to forward the petitioner’s application to the Ministry of Culture, Government of India.

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In the absence of recommendations, the Ministry of Culture, Government of India, rejected the petitioner's application for the year 2017–'18. The petitioner sustained huge loss and damage due to the arbitrary action of respondents 1 to 3. For two consecutive years, the petitioner was unreasonably and unlawfully denied the opportunity to apply and receive financial assistance from the Ministry of Culture, Government of India, under the Scheme. It is under such circumstances that the petitioner is before

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WP(C) No.12667/2018(G)

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this Court seeking reliefs.

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From the pleadings and arguments of the petitioner and respondents 1 to 3, it is seen that the District Collector, Kozhikode, has sent an adverse report to the Secretary, Ministry of Culture, Government of Kerala. The adverse finding against the petitioner by the District Collector is that the petitioner is feeding Buddhist monks only when those monks visit the house of the President of the Trust. The Trust otherwise is not feeding Buddhist monks on a regular basis as is evident from the income and expenditure statements of the Trust. The specific case of the petitioner is that feeding of Buddhist monks is not a mandatory requirement for availing financial assistance under the Scheme.

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Another allegation made against the petitionerTrust is that it does not have an independent office and its office is functioning in the residence of the President of the Trust. A further allegation is that the Trust has, as its members, only family members of the President of the Trust,

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and that it is not a public Trust.

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Heard Advocate Shyam Padman, learned counsel for the petitioner, Advocate K.M. Rashmi, learned Government Pleader appearing for respondents 1 to 3, and Advocate K. Srihari Rao, Central Government Counsel appearing for the 4^th respondent.

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There is no material available on record to come to a finding that compulsory feeding of Buddhist monks is a mandatory requirement for availing financial assistance from the 4^th respondent. Any provision in the Scheme requiring that such grantee institutions/Trusts should have independent office building, is also not discernible from the pleadings. Further allegation against the petitioner is that the Trust is being run by family members of the President as constituent trustees. The learned Government Pleader did

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not bring to the notice of the Court any condition which requires that Trust run by family members as constituent trustees are not eligible for financial assistance from the 4^th respondent.

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WP(C) No.12667/2018(G)

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At any rate, it is for the 4^th respondent to assess the eligibility of the petitioner-Trust and decide on petitioner’s entitlement to receive financial assistance. Respondents 1 to 3 cannot withhold the applications, if any, submitted by the petitioner, without forwarding to the 4^th respondent.

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In the circumstances, the writ petition is disposed of directing respondents 1 to 3 to forward the applications for financial assistance submitted by the petitioner to the 4^th respondent expeditiously, accompanied by the findings and recommendations of respondents 1 to 3, if any.

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Sd/- N. NAGARESH, JUDGE

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aks/01.12.2020

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WP(C) No.12667/2018(G)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEED OF TRUST DATED 29-12-1993 OF MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST.

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EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 28-02-2017 ISSUED TO THE PAY & ACCOUNTS OFFICER, MINISTRY OF CULTURE, DELHI, BY THE UNDER SECRETARY, MINISTRY OF CULTURE, GOVT. OF INDIA.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 2- 07-2017 SUBMITTED BY MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST FOR FINANCIAL ASSISTANCE FROM THE MINISTRY OF CULTURE, GOVT. OF INDIA.

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EXHIBIT P4 TRUE COPY OF THE EMAIL COMMUNICATION DATED 1-08-2017 SENT BY THE MANAGING TRUSTEE OF MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST TO THE SECRETARY, DEPARTMENT OF CULTURE, GOVT. OF KERALA.

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EXHIBIT P5 TRUE COPY OF THE REPORT DATED 10-082017 SUBMITTED BY THE DIRECTOR, DIRECTORATE OF CULTURE, TO THE SECRETARY, DEPARTMENT OF CULTURE, GOVT. OF KERALA.

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EXHIBIT P6

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TRUE COPY OF THE LETTER DATED 22-082017, ISSUED BY THE DISTRICT POLICE CHIEF, KOZHIKODE CITY TO THE DISTRICT COLLECTOR, KOZHIKODE.

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WP(C) No.12667/2018(G)

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EXHIBIT P7 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE DISTRICT COLLECTOR, KOZHIKODE, TO THE SECRETARY, DEPARTMENT OF CULTURE, GOVT. OF KERALA. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 22-9-2017 SUBMITTED BY THE MANAGING TRUSTEE, MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST, TO THE HONOURABLE MINISTER FOR CULTURE, GOVT.OF KERALA. EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 5-10-2017 ISSUED BY THE SECRETARY, DEPARTMENT OF CULTURE, GOVT OF KERALA, TO THE MANAGING TRUSTEE, MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 6-10-2017 SUBMITTED BY THE MANAGING TRUSTEE, MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST TO THE DISTRICT COLLECTOR, KOZHIKODE. EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 12-10-2017 SUBMITTED BY THE MANAGING TRUSTEE, MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST TO THE DISTRICT COLLECTOR, KOZHIKODE. EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 31-10-2017 MADE BY THE MANAGING TRUSTEE, MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST TO THE SECRETARY, DEPARTMENT OF CULTURE, GOVT. OF KERALA.

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EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 29-1-2018 SUBMITTED BY THE MANAGING TRUSTEE, MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST TO THE DISTRICT COLLECTOR, KOZHIKODE.

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EXHIBIT P14	TRUE COPY OF THE REPRESENTATION DATED 24-02-2018 SUBMITTED BY THE PRESIDENT, MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST TO THE CHIEF SECRETARY, GOVT OF KERALA.
EXHIBIT P15	TRUE COPY OF THE COMPUTER PRINTOUT OF THE EXPERT ADVISORY COMMITTEE REPORT DATED 17.11.2017 CONDUCTED BY THE MINISTRY OF CULTURE,GOVT OF INDIA.
EXHIBIT P16	TRUE COPY OF A NEWS CLIPPING DATED 17.10.2018 THAT APPEARED IN THE MATHRUBHUMI DAILY ESTABLISHING KERALA'S FIRST BUDHA TEMPLE IN PALAI.
EXHIBIT P17	TRUE COPY OF THE FOREWORD DATED 17.02.2014 WRITTEN BY HIS HOLINESS THE DALAI LAMA IN PUBLICATION “BUDDHA DHARMAM”.
EXHIBIT P18	TRUE COPY OF THE SCHEME OF FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF BUDDHIST/TIBETAN CULTURE AND ART
	ISSUED BY MINISTRY OF CULTURE, GOVERNMENT OF INDIA.
EXHIBIT P19	TRUE COPY OF THE COMMUNICATION DATED 02.06.2017 ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA TO THE SECRETARY, DEPARTMENT OF
	CULTURE, ALL STATES/UTS.
EXHIBIT P20	TRUE COPY OF THE APPLICATION DATED
	03.10.2018 SUBMITTED BY MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST FOR FINANCIAL ASSISTANCE FROM
	THE MINISTRY OF CULTURE, GOVT. OF
	INDIA.
EXHIBIT P21	TRUE COPY OF THE LETTER DATED
	27.01.2019 ISSUED BY THE SECRETARY,
	DEPARTMENT OF CULTURE, GOVT. OF KERALA TO MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST.
EXHIBIT P22	THE TRUE COPY OF THE INVITATION FOR
	APPLICATIONS FOR THE YEAR 2019-2020
	AS SHOWN IN THE WEBSITE OF THE
	MINISTRY OF CULTURE, GOVT. OF INDIA.

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EXHIBIT P23 TRUE COPY OF THE APPLICATION DATED 17.10.2019 SUBMITTED BY MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST FOR FINANCIAL ASSISTANCE FROM THE MINISTRY OF CULTURE, GOVT. OF INDIA. EXHIBIT P24 TRUE COPY OF THE LETTER DATED 21.10.2019 ISSUED BY THE SECRETARY, DEPARTMENT OF CULTURE, GOVT. OF KERALA TO MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST. EXHIBIT P25 TRUE COPY OF THE HAND WRITTEN NOTE DATED 27.07.2019 GIVEN BY Mr.JAYARAJ, POLICE, SPECIAL BRANCH, CALICUT TO MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST. EXHIBIT P26 TRUE COPY OF THE REPLY NOTE DATED 28.07.2019 GIVEN BY MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST TO THE POLICE EXHIBIT P27 TRUE COPY OF THE APPLICATION DATED 10.09.2020 SUBMITTED BY MAHABODHI INTERNATIONAL SPIRITUAL & CHARITABLE TRUST FOR FINANCIAL ASSISTANCE FROM THE MINISTRY OF CULTURE, GOVERNMENT OF INDIA.

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RESPONDENTS' EXHIBITS:-

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EXHIBIT R2(a) TRUE COPY OF THE LETTER No.D.O. No.123/2017-BTI DATED 09.06.2017 SUBMITTED BY THE MINISTRY OF CULTURE. EXHIBIT R2(b) A TRUE COPY OF THE REPORT OF THE DISTRICT COLLECTOR DATED NIL.

Mahabodhi International Spiritual & Charitable Trust v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mahabodhi International Spiritual & Charitable Trust v. State of Kerala

Case brief

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What did the court decide?

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