IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
P. K. Satheesan – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
K. V. Jayakumar, J.
This Writ Petition is filed under Article 226 of the Constitution of India.
2. The petitioner, Sri. P.K. Satheesan, is the hereditary trustee of Malamakkavu Ayyappa Kshethram, a private temple under the Padinjarapattu Tharavadu, Palakkad. The petitioner states that the said temple is not notified under the Madras Hindu Religious and Charitable Endowment Act, 1951 (for the sake of brevity, ‘the Act’).
3. The petitioner states that Malamakkavu Ayyappa Kshethram is a very ancient temple and local people worship in the said temple with permission of the members Padinjarapattu Tharavadu. The temple administration is being conducted by the hereditary trustees without any hindrance. According to the petitioner, no member of the public have any grievance with regard to the administration of the temple.
4. While so, the members of Padinjarapattu Tharavadu decided to create a Trust for further smooth administration of the temple. Accordingly, a Trust namely Padinjarapattu Malamakkavu Temple Trust was created and registered as Trust Deed No.239/2008 in SRO Trithala. Now the temple is running by the Trust, of which, the petitioner is the Managing Trustee. 5. The petit
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