S.SANKARASUBBAN, A.LEKSHMIKUTTY
Mohandas Embranthiri – Appellant
Versus
Travancore Devaswom Board – Respondent
S. Sankarasubban, J.
1. Sree Ayyappa Temple at Sabarimala is a great pilgrim centre and lakhs and lakhs of devotees trek the mountains to have Darsan of the Lord. The Priests of the Temple including Melsanthi are given great respect by the devotees. In their pursuit for religious attainments, devotees give a high position to the Priests. The Priests or the Santhies are expected to be persons of high integrity, learned in poojas and above all, persons with great tolerance and compassion. This Original Petition reflects the competing claims for being selected as Melsanthi of the Temple. The defeated claimants rush to this Court challenging the selection.
2. Sabarimala Temple comes under the Travancore Devaswom Board. By reason of the custom and tradition of the Temple, the Melsanthi of the Temple is selected every year. The tenure of the Melsanthi is for one year for the first of Vrischikam to the 31st of Thulam next year. The Santhi is known as 'Purappada Santhi' and till the entire period of one year is over, he cannot return to his house.
3. The Travancore Devaswom Board being a State under Art.12 of the Constitution of India, it cannot choose any person as Melsanthi without
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