Tantris do not own property belonging to a deity, says Kerala HC

Although a Tantri can exercise authority over the religious and ritual aspects of temple management, this authority cannot be extended to confer ownership or the right to appropriate or dispose of property belonging to the deity, the Kerala High Court ruled.

The power to perform and supervise religious rites must be distinguished from the right to own or dispose of the deity’s property. The latter is governed by the existing legal and administrative framework under which the property and valuables belonging to the deity must be properly accounted for, kept and maintained as property of the Devaswom, said Division Bench of Justices KV Jayakumar and Raja Vijayaraghavan. AGAINST.

The exercise of the religious performance of duties connected with the administration of the property of a deity cannot in itself confer any proprietary interest in such property. The question is whether the customary or ritual authorization of a tantri under Thantra Samuchayam can be interpreted as granting ownership of property belonging to a deity.

Equally justified

Article 25 of the Constitution guarantees freedom of conscience and the right to freely profess, practice and propagate religion. It provides that, subject to public order, morals, health and other provisions of Part III of the Constitution, all persons have an equal right to freedom of conscience and the right to freely profess, practice and propagate religion. At the same time, Article 25 paragraph 2 letter (a) expressly provides that nothing in this article shall affect the operation of any existing law or prevent a State from enacting any law regulating or restricting any economic, financial, political or other worldly activity which may be connected with religious practice.

Thus, the constitutional scheme does not abrogate or respect religious customs and practices. It recognizes and protects religious freedom while making it clear that secular activities associated with religious practice, including the management and administration of religious property, remain subject to constitutional and statutory regulation. With the advent of the constitutional framework and the enactment of laws governing the administration of Devaswoms, the position of temple functionaries became increasingly integrated into the organized administrative structure.

The religious authority to prescribe or supervise a ritual procedure cannot be equated with the legal right to appropriate the property of a deity, the court said while hearing an application by the chairman and vice-chairman of the Akhila Tantri Pracharak Sabha. The petitioners challenged a circular issued in 2012 by the Travancore Devaswom Council, saying they had a right to the ‘Vahanam’ of the deity removed from the top of the old flagpoles. This custom is protected by law and the constitution based on ‘Thantra Samuchayam’, they argued.

The HC observed that the impugned circular was issued in 2012 and for the last fourteen years the instructions in the circular are being followed in letter and spirit. The petitioner did not state any valid reasons for interfering with the circular, their plea was upheld and dismissed.

Published – 14 Nov 2026 21:37 IST