DY COMMISSIONER Vs. GOPALAKRISHNA BHAT

JUDGEMENT

(1.) The Deputy Commissioner, H.R. & C. E., Calicut is the revision petitioner. The order under challenge is one by which the court below has set aside the order of the Deputy Commissioner passed under sub-section 3 of S.74 of Hindu Religious and Charitable Endowments Act (Madras) as applicable to Kerala (for short 'the Act') surcharging the respondents who are the trustees of the temple. The 2 issues considered by the court below are:

(2.) The learned Govt. Pleader however submits that the order must be held to be one passed without jurisdiction and therefore capable of being interfered with under S.115. In support of this argument he made particular reference to Sub-section (5) of S.74. It reads: