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2008 Supreme(Ker) 702

K.BALAKRISHNAN NAIR, M.C.HARI RANI
Shankaranarayana Bhat K M – Appellant
Versus
Asst Commissioner H C R Admn Department – Respondent


JUDGMENT

K. Balakrishnan Nair, J.

1. The petitioner is the hereditary trustee of Sree Kuntikana Shankaranarayana Temple, Kasaragod. He is known as 'Muktheswar' (Administrator). His father has been recognised as the hereditary trustee of the said temple by the Deputy Commissioner for Hindu Religious and Charitable Endowments (Administration) Department, Calicut, by Exhibit P1 dated 07/11/1981. It is an order issued under S.57(b) of the Madras Hindu Religious and Charitable Endowments Act. On the death of his father, the petitioner was recognised as the hereditary trustee, as per Exhibit P2 proceedings dated 28/08/2008. But, when the petitioner took over the administration, respondents 4 to 13 tried to cause obstruction to the same. So, he caused to issue Exhibit P3 lawyer notice to some of them. The petitioner submits, the said respondents trespassed into the temple premises on 05/09/2008, obstructed the petitioner, threatened him and committed waste there. So, he preferred Exhibit P5 representation before the Superintendent of Police, Kasaragod. The police have registered Exhibit P6 first information report against the miscreants. While so, the petitioner moved the Assistant Commissi






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