KESAVA MENON Vs. DAMODARA MENON

JUDGEMENT

(1.) he petitioner who is appointed as Manager of the Kattappuram Vettakkoru Makan Temple in Kadikad has filed this revision petition against the order passed by the Munsiff-Magistrate of Ponnani dismissing his petition under S.87 of the Hindu Religious and Charitable Endowments Act, 1951.

(2.) The respondent was the manager of the temple but he was dismissed and in his place the petitioner was appointed manager. The respondent refused to hand over charge, and so the petitioner applied to the Assistant Commissioner and obtained a certificate under S.87 of the Act. The petitioner then applied to the First Class Magistrate within whose jurisdiction the temple was situated and produced his appointment order and the certificate.

(3.) On notice being issued by the Court to the respondent he contended that the certificate which is produced is not a valid certificate as no notice was given to him and his objections were not heard and disposed of as required by the proviso to S.87. The learned Magistrate accepted the contention and dismissed the petition. This petition is to revise the order dismissing the petition.