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2010 Supreme(Ker) 597

THOTTATHIL B.RADHAKRISHNAN, P.BHAVADASAN
Muttil Sree Vishnu Kshetra Samithy – Appellant
Versus
Assistant Commissioner – Respondent


Advocates appeared:For the Petitioners:M.P. Ashok Kumar, Advocate. For the Respondent:Government Pleader, Advocate.

Judgment :-

Thottathil B. Radhakrishnan, J.

1. Muttil Sree Maha Vishnu Temple, Wynad, is one which could be included in the list of temples having annual income of less than Rs.1 lakh, in terms of the Hindu Religious & Charitable Endowments Act, 1951, for short the 'Act'. The Area Committee under the Act would then have jurisdiction in relation to that temple. The second petitioner is the hereditary trustee of that temple. Ext.P1 was issued to him by the Assistant Commissioner under the Act, calling for views on the proposal of the Area Committee to appoint a non-hereditary trustee for the temple. He gave Ext.P2 reply to Ext.P1, vividly describing the reasons why a non-hereditary trustee is not to be appointed. Without even making reference to that, Ext.P3 was issued by the Assistant Commissioner inviting applications for appointment of a non-hereditary trustee for the temple. The whole exercise is impugned in this writ petition and the matter stands stayed from the stage of admission.

2. During the pendency of the writ petition, Malabar Devaswom Board came into being. The quality of office of the Area Committee has also changed. The Assistant Commissioner is no more the Chairman of



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