HINDHU AIKYA VEDI Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 order dtd. 5/4/2016 of the Deputy Commissioner, Malabar Devaswom Board, Kozhikode in O.A.No.5 of 2014, which was published vide Gazette notification dtd. 5/9/2019, to the extent of giving more representation to Brahmin community, thereby discriminating other communities within Hindu religion; a writ of certiorari to quash Ext.P3 notification dtd. 25/10/2023 issued by the 3rd respondent Assistant Commissioner, inviting applications for appointment as non-hereditary trustees of Sree Perumal Kovil Temple, Kollengode in Chittoor Taluk; a writ of certiorari to quash Ext.P3 order to the extent of giving more representation to Brahmin community discriminating against other communities within Hindu religion, by considering Ext.P4 representation dtd. 17/11/2023; and a writ of mandamus commanding the 3rd respondent to re-issue fresh election notice after removing the discriminative provisions in the said notice.

(2.) On 6/12/2023, when this writ petition came up for admission, the learned Standing Counsel for Malabar Devaswom Board was directed to get instructions as to whether there is a Trustee Board or Executive Officer for the temple in question.

(3.) By the order dtd. 14/12/2023 in I.A.No.1 of 2023, the Administrative Officer of the temple was impleaded as the additional 5th respondent. The learned Standing Counsel for Malabar Devaswom Board took notice on admission for respondents 1 to 3. Urgent notice on admission by speed post was ordered to the 4th respondent and also to the additional 5th respondent, returnable within three weeks. The learned Standing Counsel for Malabar Devaswom Board was directed to get instructions.