SHREE UDISALU KEMPAMMA TEMPLE Vs. TAHSILDAR TIPTUR TALUK

JUDGEMENT

(1.) THIS appeal is by the convenor of a temple questioning the legality and correctness of the order passed by the State of Karnataka dated 30-4-2002 taking over Shree Udisalu Kempamma Temple and its properties invoking the provisions of section 18 of the My sore Religious and Charitable Institution Act, 1927 and directing the tahsildar to take over the administration of the temple appointing him as an administrator till further orders.

(2.) ON a complaint lodged by the villagers of Nanavinakare in regard to the mismanagement of the temple income and its property by the committee, the Assistant Commissioner, Tiptur Sub-division, Tiptur submitted a report to the Deputy Commissioner, Tumkur and in turn, the Deputy Commissioner requested the Endowment Commissioner to take action in accordance with law. Thereafter, the endowment Commissioner sent a proposal to take over the temple exercising power under section 18 of the Act. The Government, by exercising its power under Section 18 of the act. has appointed the Tahsildar, Tiptur Taluk as administrator and directed him to take over possession of the temple and its property. This order was questioned by the appellant by filing a writ petition in W. P. No. 25153/2002 on the ground that the order passed by the government is contrary to the provisions of sections 16 to 18 of the Act and that no enquiry was conducted in accordance with law and therefore, requested the Court to quash the order passed by the Government.

(3.) A learned Single Judge of this Court rejected the writ petition on the ground that the appellant did not question before respondents 2 and 3 about their competency to hold an enquiry and that no illegality has been committed in exercising powers under Section 18 of the Act. Challenging the same, the present appeal is filed.