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2018 Supreme(Ker) 102

P.R.RAMACHANDRA MENON, DEVAN RAMACHANDRAN
P. Sreedharan Nambissan, S/o Devaki Brahmani Amma – Appellant
Versus
Commissioner, Malabar Devaswom Board – Respondent


Advocates Appeared:
For the Petitioner: Smt. Sreedevi Kylasanath, Sri. R. Mahesh Menon, Sri. Achuth Kylas, Advs.
For the Respondent: Sri. R.Lakshmi Narayan, SC

JUDGMENT :

Devan Ramachandran, J.

The administration of the Sree Tripuranthaka Devaswom, an ancient temple in the Malappuram District, has called into question certain issues of some portent in this writ petition. The hereditary trustee of the said Devaswom, the petitioner herein, alleges that proceedings are now being pursued by the Assistant Commissioner of Malabar Devaswom Board to appoint Non-hereditary Trustees for administration of the temple and he imputes that such attempts are being made in a surreptitious manner, without him being kept informed.

2. The petitioner's assertion is that as per Exhibit P5 judgment, which has been approved by the Hon'ble Supreme Court in an SLP filed against it, the second respondent is bound to consult him and to obtain his views with respect to the appointment of Non-hereditary Trustees in the temple. The petitioner says that the Devaswom is governed by Exhibit P4 scheme, which has obtained approval of the competent authorities in the year 2001 and he concedes that Exhibit P5 judgment delivered by a Division Bench of this Court permits appointment of Non-hereditary Trustees, but subject to certain conditions. We see that this judgment was delive
































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