SATHEESH KUMAR E Vs. MALABAR DEVASWAM BOARD

JUDGEMENT

(1.) Four non-hereditary trustees were appointed under the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951, for the Sree Vyrancode Temple, Thirunavaya in Tirur Taluk. Three posts have fallen vacant. Ambika Pulliyathiri Amma, who was the hereditary trustee, died on 18.12.2008. Ambika Devi of Valiyakatottu Kovilakam staked claim to that post on plea of succession. That was rejected by the Commissioner. In W.P.(C). 5766711, she was given a further opportunity to provide materials before the statutory authority within a period of four months. It is submitted that nothing happened after that judgment dated 23.2.2011. This means that as of now, there is none in office as the hereditary trustee and there is only one non-hereditary trustee. He is K.P.Appukuttan, the petitioner in W.P.(C). 10112/11, whose term expires on 14.6.2012.

(2.) Malabar Deyasworn Board (MDB) authorities invited applications, conducted selection and appointed the private respondents as the non-hereditary trustees as against the three vacancies. Satheesh Kumar E., the petitioner in W.P.(C). 8991/11, who was a non-hereditary trustee till his term expired, lost his application for appointment afresh.

(3.) The challenge in these Writ Petitions are to the notifications inviting applications. The grounds raised include the plea that the private respondents are political activists and are, therefore, disentitled to be appointed; that the jurisdiction to appoint non-hereditary trustees is only with the Commissioner and further that, undue haste has been taken in making the selection. During the course of hearing, it was also pointed out that be it either under sub-s.(2) or sub-s.(5) of S.39, the competent authority has to record reasons.