K. SUDARSHAN SHETTY Vs. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE RELIGIOUS AND CHARITABLE ENDOWMENT AND ANOTHER

JUDGEMENT

(1.) IN this writ petition, petitioner is challenging the order dated 14.7.2011 passed by the 3rd respondent appointing an Administrator to Sri Subrahmanya Temple, Kadandale Village, Moodabidri Taluk, Dakshina Kannada.

(2.) THE contention of the petitioner is that he has been functioning as Managing Trustee since 1987 and, therefore, before passing the impugned order appointing an Administrator, it was imperative for the respondents to notify the petitioner and hear him. Though several contentions are urged on the merits of the grievance made, in the light of the order passed in W.A. Nos. 741 -742/2010 on 8th March 2010, it is clear that the order appointing Administrator to manage the affairs of the temple under the provisions of the Kamataka Hindu Religious and Charitable Endowments Act, 1997, could be traced to the provisions contained in Section 3(3) of the Act. In the aforesaid writ appeals, this Court has held that in view of sub -section (3) of Section 3 of the Act and also in the light of the decision reported in 1990(1) Kar. L.J. 367, the appointment of Administrator to manage the affairs of the temple under the provisions of Karnataka Hindu Religious and Charitable Endowments Act, 1997 could be justified.

(3.) SRI . H.T. Narendra Prasad, learned Govt. Pleader appearing for the respondents on Instructions submits that in view of the amendment of the provision under Section 25 of the Karnataka Hindu Religious and Charitable Endowments Act, 1997, by Act No. 27 of 201 1. which has come into effect, from 4.5.2011, providing for constitution of Rajya Dharmik Parishad and Zilla Dharamik Parishad, the Rajya Dharmik Parishad and the Zilla Dharmik Parishad are vested with power to appoint committee of management in respect of different temples. Hesubmits that for South Canara District, the State Government has constituted a. District Zilla Dharmik Parishad and steps will be taken by the Zilla. Dharmik Parishad to constitute a Committee for managing the affairs of the temple in question if necessary directions are issued.