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2010 Supreme(Ker) 860

THOTTATHIL B.RADHAKRISHNAN, P.BHAVADASAN
AMBATTUKAVU BHAGAVATHY KSHETHRA SAMITHY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : T. Krishnan Unni, N. Sobha and K. Shrihari Rao.
For the Respondent: Lakshmi Narayanan, Government Pleader, K.N. Venugopala Panicker, Krishnakumar Mangot, Krishnadas P. Nair, K.L. Sreekala and M.P. Ashok Kumar.

JUDGMENT :

THOTTATHIL B. RADHAKRISHNAN, J.

1. This writ petition is filed challenging proceedings leading to Ext.P-18, an order issued by the Devaswom Commissioner.

2. Ext.P-14 notification was issued by the Devaswom Commissioner u/s 37(1) of the Travancore-Cochin Hindu Religious Institutions Act, 1950, hereinafter referred to as the "Act". That was a preliminary notification calling for objections to the tentative decision to pass an order of assumption of the Ambattukavu Bhagavathy Temple, Thaikkattukara, Aluva west Village. Objections were filed. Therefore, a decision as to whether the management of the institution has to be assumed or not had to be taken by the competent authority, namely, the Devaswom Commissioner. He, however, issued the impugned Ext.P-18 in purported exercise of powers under Sections 41 and 42(1) of the Act. In terms of Section 41, the Commissioner has proceeded to dissolve the committee functioning by virtue of Trust Deed No. 205/1993 and removed the committee in purported exercise of that power. The Administrative Officer of the Travavancore Devaswom Board in Aluva was appointed u/s 42(1) as the Administrative Officer. The Deputy Devaswom Commissioner was dir









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