LAWS(SC)-2020-7-5

MARTHANDA VARMA Vs. STATE OF KERALA

Decided On July 13, 2020
Marthanda Varma Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Leave granted in Special Leave Petition (Civil) No. 11295 of 2011 and Special Leave Petition (Civil) No. 12361 of 2011.

(2.) Sree Chithira Thirunal Balarama Varma who as Ruler of Covenanting State of Travancore had entered into a Covenant in May 1949 with the Government of India leading to the formation of the United State of Travancore and Cochin, died on 19.07.1991. His younger brother Uthradam Thirunal Marthanda Varma and the Executive Officer of Sri Padmanabhaswamy Temple, Thiruvananthapuram (hereinafter referred to as 'the Temple') as appellants 1 and 2 respectively have filed these appeals challenging the judgment and order dated 31.01.2011 passed by the High Court [The High Court of Kerala at Ernakulum] in Writ Petition (Civil) No.36487 of 2009 and in Writ Petition (Civil) No.4256 of 2010.

(3.) In the Suits, the authority of the appellants herein to be associated with the affairs of the Temple was under challenge, while the very maintainability of the Suits was questioned by the appellants. The basic issue that arose for consideration was framed by the High Court in the judgment under appeal as:-