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ANIL K. NARENDRAN, MURALEE KRISHNA S.
Babilu Sankar – Appellant
Versus
Sree Padmanabhaswamy Temple – Respondent
JUDGMENT :
Muralee Krishna, J.
These writ appeals are filed under Section 5(i) of the Kerala High Court Act , 1958 by the petitioner in W.P.(C)No.5229 of 2023 and 17504 of 2023.
2. W.P.(C)No.5229 of 2023 is filed by the appellant under Article 226 of the Constitution of India seeking the following reliefs:
“(i) Issue a writ of mandamus or any other appropriate writ, order, or direction directing respondents 1 and 3 to appoint an IAS or IPS Officer as the Executive Officer of the temple.
(ii). Issue a writ of mandamus or any other appropriate writ, order, or direction directing the 3
rd
respondent to conduct an enquiry into the various acts done by the previous Executive Officer of the temple during the past two years and take necessary action on the basis of such enquiry report for rectifying the various acts of irregularities so far committed by the Executive Officer.
(iii). Issue a writ of mandamus or any other appropriate writ, order, or direction directing the 3
rd
respondent to entrust a new experienced senior staff with the work related to “Vazhipad/Pooja” requiring ritualistic knowledge.
iv. Issue a writ of mandamus or any other appropriate writ, order, or direction direc
The court upheld the authority of the Administrative Committee in temple management and affirmed the validity of ongoing disciplinary proceedings against the appellant.
The central legal point established in the judgment is that the appointment of an Executive Officer to a religious institution must be supported by objective reasons and proper application of mind by....
Point of Law : Commissioner does not have the power to approve or sanction a newly created post, etc., does not reflect the correct legal position and hence would stand overruled.
suspension must be a step in aid to the ultimate result of the investigation or inquiry. The authority also should keep in mind public interest of the impact of the delinquent’s continuance in office....
The court upheld the recognized rights of a religious community to perform rituals in a temple and deemed the ongoing civil proceedings as sufficient to adjudicate any disputes regarding those rights....
The court established that the Commissioner of Endowments lacked jurisdiction to revoke exemptions and appoint trustees without following due process as mandated by the Endowments Act.
The court emphasized strict adherence to procedural fairness and statutory safeguards in quasi-judicial proceedings involving trustee matters under the applicable act.
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