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2023 Supreme(Online)(Ker) 61883

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, SOPHY THOMAS, JJ
MATTANUR SREE MAHADEVA TEMPLE, REPRESENTED BY ITS EXECUTIVE OFFICER – Appellant
Versus
STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT – Respondent


Advocates:
For the Appellants/Petitioners: MAHESH V RAMAKRISHNAN
For the Respondents: SRI S.RAJMOHAN
SRI R.LAKSHMI NARAYAN

Table of Content
1. petitioner seeks mandamus for recovery of rent and documents. (Para 1 , 2 , 3)
2. prior related cases affect the current petition's outcome. (Para 4 , 5 , 6)
3. examines the appropriateness of invoking writ jurisdiction. (Para 7 , 8)
4. mandates diligence and proper management by trustees. (Para 10 , 12 , 13)
5. court directs petitioner to follow statutory proceedings. (Para 19 , 20 , 21)

JUDGMENT

Anil K. Narendran, J.

The petitioner, namely, Mattannur Sree Mahadeva Temple, is a controlled institution under the Malabar Devaswom Board. The petitioner through its Executive Officer has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Commissioner, Malabar Devaswom Board to initiate immediate statutory proceedings against the 21st respondent - Sree Mahadeva Kshethra Samithi, Mattannur to recover the documents, if any, relating to letting out of the buildings owned by the temple to respondents 2 to 20, by invoking the provisions under the Madras Hindu Religious and Charitable Endowments Act , 1951 and hand over those documents to the petitioner forthwith. The petitioner has also sought f

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