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2012 Supreme(Ker) 648

K.VINOD CHANDRAN, THOTTATHIL B.RADHAKRISHNAN
T. N. Arjunan – Appellant
Versus
President, Temple Advisory Committee – Respondent


Advocates appeared:
For the Petitioners: -------
For the Respondents:R2, G. Biju, SC, TDS, K.M. Venugopala Panicker, SC for TDS, R3, K. Mohanakannan, Advocates, Krishnakumar Mangot (Amicus Curiae).

JUDGMENT:-

ThottathilB. Radhakrishnan, J.

1. This DBP is registered on the basis of TDS Report No.39 of 2011 of learned Ombudsman, generated on a complaint by Sri. T.N. Arjunan and others. We have perused that report and the documents made available therewith.

2. The complaint relates to purchase of 20 cents of land in front of Kaippillikkavu Bhagavathi Temple. That parcel was purchased utilizing money collected from the devotees. The Temple Thanthri inaugurated that collection scheme “Malayalam”. Money was collected from the devotes by a temple advisory committee consisting of three members. However, Somanathan, who was dealing with the affairs of the Temple Advisory Committee, and Madhusoodanan drew up and registered a Trust in the name “Sree Bhagavathi Seva Trust” and the land was purchased in the name of that Trust utilizing the aforesaid funds.

3. Notice was issued to Somanathan, Secretary of the aforesaid Trust. The justification in his counter affidavit is that though contributions were collected from public, the members of the Trust had also contributed funds and the property is purchased for the purpose of providing facilities to the devotees of the temple. It is contended




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