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2007 Supreme(Ker) 338

K.S.RADHAKRISHNAN, ANTONY DOMINIC
V. Padmanabhan – Appellant
Versus
The Commissioner, Hindu Religious Charitable Endowments, Kozhikode – Respondent


Judgment :-

Radhakrishnan, J.

Ext.P10 order passed by the Commissioner, Hindu Religious & Charitable Endowments (Administration) Department dated 10.11.2006 is under challenge in W.P.C.No.30254 of 2006. Commissioner by that order removed the petitioners therein from the Trustee Board of T.T.K. Devaswom on the ground that they are ineligible to continue as non hereditary trustees in the Board since their appointments were in violation of Ext.P11 guidelines dated 18.05.2004 issued for the selection of non hereditary trustees for temples under the control of H.R & C.E. Commissioner has taken the view that evidence produced by the fourth respondent and the report of the Assistant Commissioner would show that the petitioners are disqualified to be appointed as trustees. Consequently a declaration was made to that effect. Further it was ordered that the vacancies should be renotified in accordance with the guidelines and fresh selection be made.

2. Counsel for the petitioners submitted that Ext P10 order is illegal and the Commissioner has no jurisdiction to pass such an order and no reasons exist to disqualify the petitioners. Further it was stated that petitioner is not a politician and

















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