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1999 Supreme(Ker) 181

Thiruvachira S. K. P. Committee – Appellant
Versus
Commissioner, H. R. C. Endowments – Respondent


Judgment :-

C.S. Rajan, J

The Thiruvachira Sreekrishna Temple once belonged to the Kozhikode Zamorin Raja, who was the Hereditary Trustee of the Temple. The petitioner representing the Thiruvachira Sreekrishna Kshethra Paripalana Committee is in possession and management of the Temple for the last 20 years. The second respondent issued Exhibit P-1 notice to the Zamorin as well as to the President under S.41 of the Hindu Religious and Charitable Endowments Act (Madras Act XIX),1951 (hereinafter referred to as the act). Exhibit P-1 proposes to appoint new Trustees to the Temple for giving more representation to the worshipping public. The petitioner challenged Exhibit P-1 before the first respondent. The first respondent as per Exhibit P-3 quashed Ext. P-1 notice and the second respondent was directed to proceed afresh in accordance with law. In Exhibit P-3 an Administrator was also appointed to take over the charge of the Temple. In O.P. No. 12537 of 1992 a Division Bench of this Court quashed Exhibit P-3 to the extent of appointing the Executive Officer as the Administrator of the Temple. Therefore the second respondent passed Exhibit P-4 order by which the objection against Exhibit










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