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2001 Supreme(Ker) 360

G.SASIDHARAN, K.S.RADHAKRISHNAN
M. K. Sanoo – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K. S. Radhakrishnan, J.

The constitutional validity of Sivagiri Mutt (Emergency Provisions) Ordinance, 1997 replaced by Sivagiri Mutt (Emergency Provisions) Act, 1997 (Act 17 of 1997) is under challenge in all these Writ Petitions. The Sivagiri Mutt (Emergency Provisions) Ordinance, 1997 was promulgated by the Governor of Kerala in exercise of the powers conferred under Cl. (1) of Art.213 of the Constitution of India. By the Ordinance, management of Sree Narayana Dharma Sangham Trust having Headquarters at Sivagiri Mutt, Varkala and its assets and properties situate on several parts of the State of Kerala and outside was taken over by the Government and put in the management of an Administrator. Earlier by invoking the provisions of Ss.145 and 146 of the Code of Criminal Procedure, District Magistrate had taken possession of Sree Narayana Dharma Sangham Trust, its place of worship, administering premises and other structures which are situate in the Varkala Village of Chirayinkizh Taluk and was placed under the receivership of Deputy Collector (R. R.) and Executive Magistrate at Trivandrum who was managing the properties as Receiver.

2. President and Secretary respectivel





























































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