LAWS(KER)-2011-7-209

P M MUKUNDAN MADAYAN Vs. COMMISSIONER

Decided On July 21, 2011
P.M.MUKUNDAN MADAYAN Appellant
V/S
DEPUTY COMMISSIONER Respondents

JUDGEMENT

(1.) THE Writ Petition is filed with the following prayers :

(2.) BRIEFLY put the case of the petitioner is as follows : Sree Parassinikkadav Muthappan Temple is one of the old and famous Temples in North Malabar. It was declared as a public Temple. Parassinikkadavu Madappura Tharawad continued as trustee of the Temple and there are three branches in the Tharawad. There is reference to Ext.P1, which is a judgment of this Court and various other Exhibits. By Ext.P4 judgment, this Court was pleased to sustain Ext.P6 therein and it was observed that if the Commissioner deems it fit, he may constitute a committee consisting of Madayan, representatives of three families and representatives from devotees and departmental officers and other responsible persons of the locality for overseeing the management of the Temple in a fair and reasonable manner and for counting of Hundi collections in the presence of representatives. This Court also directed the Commissioner to arrange for recovery of arrears due to Government in reasonable instalments from the Temple.

(3.) ONE of the contentions raised by the learned Senior counsel appearing for the petitioner is that the petitioner, who is a trustee was not heard. There is also a case that the other trustees were also not heard.