SRINIVASA THANTHRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER claims that his branch was enjoying the office of thanthra in Sri veerabhadraswamy temple at hiriyadha in udupi taluk, the managing trustee of the temple prevented them and asked the 5th respondent, who belongs to other branch of ancestors, to perform the thanthra. In that connection, it is stated that petitioner filed a petition before the 2nd respondent-commissioner for religious and charitable endowments and obtained an interim Order, which was subsequently vacated on the ground that there was no order passed by the subordinate authority by which the petitioner is aggrieved and consequently the petition came to be dismissed vide order at annexure-b, dated 5-12- 1992. The revision petition filed against that order was also dismissed by the Karnataka appellate tribunal by its order at Annexure-C , dated 28-2-1996. The petitioner has filed this writ petition challenging those orders on several untenable grounds with a prayer to direct the 4th respondent to adhere to the turn of enjoyment of thanthra in the temple between the two branches at the ratio of 2:1.

(2.) THE short point involved in this case is, whether the impugned orders are legal and valid or they warrant interference by this court?

(3.) THE correctness or otherwise of the order at Annexure-B passed by the 2nd respondent was the issue before the Karnataka appellate tribunal in the revision petition filed by the petitioner. The tribunal rightly rejected the revision petition holding that 2nd respondent was justified in dismissing the petition of the petitioner as there was no order passed by any authority. Even the 2nd respondent was also justified in dismissing the petition of the petitioner on the same ground. There is nothing in the orders passed by both the authorities. No interference is warranted by this court in exercise of the power under articles 226 and 227 of the Constitution of india.