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2011 Supreme(Ker) 429

THOTTATHIL B.RADHAKRISHNAN, S.S.SATHEESACHANDRAN
P. M. Parameswaran Namboothri – Appellant
Versus
Commissioner, Malabar Devaswom Board – Respondent


Advocates Appeared:
For the Petitioners:S.A. Saju, K.C. Kiran, Advocates.
For the Respondents:R1 & R2, K. Mohanakannan, SC, Malabar Devaswom, Binoy Vasudevan for Addl., Mrs. P.G. Babitha, Addl., Advocates.

JUDGMENT

Thottathil B. Radhakrishnan, J.

1. The 1st petitioner is the hereditary trustee of the Sree Nenminipurath Ayyappa Temple, Alanellur in Palakkad District, for which, the 2nd petitioner is appointed as fit person.

2. Purportedly acting on a complaint dated 10.05.2010, by one Vasudevan Unni Moosath and 50 others and a report dated 14.06.2010 of the Inspector, Perinthalmanna, Ext.P1 notice was issued to the 1st petitioner stating that it is found desirable to have a trustee board appointed for the temple. The 1st petitioner replied as per Ext.P2 stating that the copies of the materials relied on in Ext.P1 have not been served on him and that he is not aware of the contents of the report of the Inspector. We may also note that even Ext.P1 does not explicitly state any specific reason for the proposed action, but only says that it is to ensure transparency and effectiveness in the administration. Even on such basis, he made certain statements in Ex.P2 denying the allegations leveled against him. He also offered to produce whatever materials that may be called for and also to explain the situation.

3. Ex.P3 is thereafter issued by the Assistant Commissioner, inviting application






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