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2016 Supreme(Ker) 583

THOTTATHIL B.RADHAKRISHNAN, SUNIL THOMAS
AMBATTUKAVU BHAGAVATHY KSHETHRA SAMITHY, REGISTER NO. 206/93, REPRESENTED BY ITS SECRETARY, P. C. BABU – Appellant
Versus
TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY – Respondent


Advocates Appeared:
For the Appellant : SRI. K. SHRIHARI RAO, SMT. N. SHOBHA, SRI. K. S. BALAKRISHNAN
For the Respondent: SRI. P. GOPAL, SRI. K. V. SADANANDA PRABHU, SRI. M. R. NANDAKUMAR, SRI. M. P. ASHOK KUMAR, SRI. S. A. ABDUL SALEEM, SRI. S. NANDAGOPAL

JUDGMENT :

Sunil Thomas, J.

Since these proceedings are interlinked to each other, they were heard together and are disposed of by this common judgment.

2. The first petitioner in W. P. (C)No. 16946/2013 is Ambattukavu Kshetra Samrakshna Seva Sangham and the second petitioner is its Secretary. The second respondent is the Travancore Devaswom Board, represented by its Secretary. The third respondent is the commissioner of the Travancore Devaswom Board. The 5th respondent represents the temple Trust. The 4th respondent is Ambattukavu Bhagavathi Kshetra Samithi, a registered association represented by its Secretary. The Ambattukavu Templeoriginally belongedto Karingambilly Swarupam. Since the members of Swarupam were residing far away from the temple, they found it difficult to manage the day-to-day affairs of the temple. Hence, the then Karnavar of the Swarupam created a trust by a deed dated 11/8/1993 with six trustees and the right to carry out daily pooja, conduct of festivals and other religious rites were conferred on the Trust, without transferring the ownership of the temple. Temple is situated in a land of about 70. 168 cents.

3. According to the writ petitioners, Seva Samithi wa


























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