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2014 Supreme(Ker) 589

P.N.RAVINDRAN, P.B.SURESH KUMAR
G. K. Hari Hara Krishnan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners:K. Ramakumar (Senior), Smitha George, Advocates.
For the Respondents:R4, R5, V. Krishna Menon, SC, Malabar Devaswom Board, R. Lakshmi Narayan, R6, Mohan C. Menon, Advocates, R1-R3, A. Renjith Government Pleader.

JUDGMENT

1. Section 39 of the Madras Hindu Religious and Charitable Endowments Act, 1951, hereinafter referred to as the Act, as amended by the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2014, is under challenge in this writ petition.

2. The petitioners are the non-hereditary trustees of Mammiyoor Mahadeva Temple, Guruvayoor, under the supervision and control of Malabar Devaswom Board. They were appointed as non-hereditary trustees of the temple by the Commissioner of the Devaswom Board, under Section 39(2) of the Act, on 22.10.2010. Section 39(3) of the Act, as it then stood, provided that every non-hereditary trustee appointed under Section 39(2) of the Act shall hold office for a term of five years, unless in the meanwhile, the trustee is removed or dismissed or his resignation is accepted by the Commissioner or he, otherwise ceases to be a trustee.

3. According to the petitioners, while they were continuing as non-hereditary trustees of the temple, the Madras Hindu Religious and Charitable Endowments (Amendment) Ordinance, 2012 was promulgated and by virtue of Section 8 of the Ordinance, the term of the non-hereditary trustees, as provided for under Sect























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