JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. This writ petition is filed by Sree Mattannur Mahadeva Kshetra Samithi, a society registered under the Societies Registration Act challenging Ext.P12 order passed by the Commissioner, Malabar Devaswom Board (MDB) transferring O.A. No. 18/2007 pending before the Deputy Commissioner to his own file in exercise of powers under section 19(1)(a) of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for short ‘the MHR & CE Act’).

2. Sree Mattannur Mahadeva Kshethram (Temple), Mattannur, Kannur District in the erstwhile Malabar area originally belonged to Pullery Illam. The Karanavathy (Ooralan) of the family, late Mahadevi Antharjanam vide Deed No. 333 of 1972 of SRO Mattannur, transferred the temple along with its properties to the petitioner society on condition that the temple and the temple properties shall not be alienated or transferred. While so, O.A. No. 18/2007 was initiated before the Deputy Commissioner, MDB under section 57(a) of the MHR & CE Act at the instance of respondents 4 and 5 to enquire and decide as to whether the temple is a religious institution. The Senior Superintendent in charge of the post of Deputy Commissioner