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2017 Supreme(Ker) 1251

P.D.RAJAN
A. M. PARAMESWARAN NAMBOOTHIRIPAD – Appellant
Versus
GURUVAYOOR DEVASWOM COMMITTEE, REPRESENTED BY ITS CHAIRMAN GURUVAYUR DEVASWOM – Respondent


Advocates Appeared:
FOR THE APPELLANTS : SRI. N. SUKUMARAN, SRI. P. SANJAY, SMT. A. PARVATHI MENON
FOR THE RESPONDENTS: SRI. P. GOPAL, SRI. K. RAMACHANDRAN, M.R. MINI, SRI. M.P. ASHOK KUMAR

JUDGMENT :

This appeal is preferred against the judgment in O.S. No.5 of 2014 of the 3rd Additional District Judge, Thrissur by the plaintiff. The suit was filed by the plaintiff for a declaration and mandatory injunction against the defendants.

2. The plaintiff's case in the lower court is that the 2nd defendant invited application for appointment of Melsanthi in the Guruvayoor Devaswom temple for a period from 01.10.2012 to 31.03.2013 by notification dated 04.08.2012 in which the main qualification prescribed therein was that the candidates should be from Sukapuram or Perumanam villages with 'Agnihotram' and 'Bhattavrithi' for the post of Melsanthi. The appellant's father was the Melsanthi of Guruvayoor Sreekrishna Temple for three times who possess the qualifications as per the temple custom. The appellant is not having Agnihotram and Bhattavrithi, but he contended that the above notification is in derogation to the custom practiced from time immemorial. Hence, he approached the lower court for the issuance of a mandatory injunction and a declaration that non-inclusion of person possessing Abhijatyam alone for the post of Melsanthi is arbitrary and illegal.

3. In the lower court, r















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