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2016 Supreme(Ker) 1480

THOTTATHIL B.RADHAKRISHNAN, DEVAN RAMACHANDRAN
Zamorin Raja – Appellant
Versus
Government of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.P. Sreekrishnan, M.H. Bindu, M.G. Ashokan, V.N. Ramesan Nambisan
For the Respondents: K.R. Sunil, Mahesh V. Ramakrishnan, R. Ranjini, B. Jayasurya (Sr. Government Pleader)

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The bone of contention, in a manner of speaking, between the petitioners and respondents in these three Writ Petitions, is as to the validity of the circulars, one of which, dated 15.10.2010, was issued by the Deputy Commissioner (Administration), Malabar Devaswom Board, Kozhikode and the other, dated 20.09.2011, was issued by the Commissioner, Malabar Devaswom Board. The combined effect of these circulars, as will be stated in detail by us presently, is that certain directions prescribed as ‘guidelines’ have been issued to the Trustees, of the temples under the supervision of the Malabar Devaswom Board (‘M.D.B.’ for short), in the matter of selection and appointment of persons to various posts under such temples. These circulars are impugned by the petitioners as being beyond the statutory competence of the respondents and as being in excess of the powers with them for supervision under the Madras Hindu Religious and Charitable Endowments Act 1951 (hereinafter referred to as ‘the Act’ for short).

2. The petitioner in W.P.(C)No.4342/2014 is the Zamorin Raja of Kozhikode, who is the hereditary trustee of forty three temples and sub temples in the M
































































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