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2011 Supreme(Ker) 1165

THOTTATHIL B.RADHAKRISHNAN, K.SURENDRA MOHAN
Chengara Puthiya Thrikovil Kshethra Samrakshana Samithi – Appellant
Versus
Malabar Devasom Board – Respondent


JUDGMENT

Thottathil B. Radhakrishnan, J.

1. Petitioners in these writ petitions challenge decisions of the authorities under the Malabar Devaswom Board to appoint non-hereditary trustees for two temples which are among those administered in terms of a Scheme dated 2.8.1956, framed in O.A.59/56, by the Deputy Commissioner of Hindu Religious and Endowments (Administration) Department, Coimbatore, under Section 58(6) of the Madras Hindu Religious and Charitable Endowments Act, 1951, hereinafter referred to as 'the Act'. By that Scheme, which came into force from the date of that order, the administration of the affairs of the twelve (12) temples under the Thrikkaikat Math was ordered as vesting hereditarily in the Moopil Swamiyar of Thrikkaikat Math.

2. Different contentions on which these writ petitions are filed include the allegation that the action taken is in violation of the provisions of the Act and also bad as having been made after the code of conduct came into force as part of the Elections to the Kerala Legislative Assembly. It is also alleged that no transparent procedure is adopted.

3. The counter affidavit of the first respondent Commissioner, Malabar Devaswom Board states t





















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