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2016 Supreme(Online)(KER) 2936

HIGH COURT OF KERALA
SHAJI P.CHALY, J
MURALI – Appellant
Versus
THE COCHIN DEVASWOM BOARD    Advocate - SRI KRISHNA MENON, SC, COCHIN DEVASWOM BOARD, ,SRI KRISHNA MENON, SC, COCHIN DEVASWOM BOARD,SRI UNNIKRISHNAN V ALAPATT, SC, COCHIN DEVASWOM BOARD – Respondent


JUDGMENT

This writ petition is filed by the petitioner seeking to quash Ext.P8 order passed by the 1st respondent dated 16.12.2015, whereby the request made by the petitioner to appoint him as a hereditary trustee of late Velayudhan Nair was declined, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

2. Petitioner's family was holding a hereditary as well as customary right of supplying 'Mattu' or 'Mattalak' for the 'Makeeryam Purappad' of Thriprayar Thevar from Thriprayar Temple to Arattupuzha, and back [allegedly a custom prevailing in the Temple enjoyed by members of a family]. As reward for the 'Mattalak' services rendered for the 'Purappad', the petitioner's family by way of custom, is entitled to collect all the 'Para' offering received on the return of Makeeryam Purappad from Arattupuzha to Thriprayar. A benefit of Rs.50/- for Koothu performance in the Temple also is allowed to the petitioner's family, as of right. Petitioner's father died on

24.10.2013, after executing Ext.P4 Will, gifting the hereditary right to the petitioner. After his death, petitioner performed his obligations and received remuneration as usual. Ext.P3 ap

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