ARUNKUMAR M. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This writ petition is filed by an elected non -hereditary trustee of Sree Vilakkumadam Venkittaramana Temple, Karicheri, Kasaragod. The petitioner along with the respondents 6 to 9 are elected as non -hereditary trustees pursuant to a notification issued by the third respondent dated 01/01/2014. The election was interfered by the Commissioner of the Malabar Devaswom Board as per Ext. P2 at the instance of respondents 4 and 5, invoking power under Sec. 18 of the Madras HR&C Act.

(2.) The election was challenged by respondents 4 and 5 before the Commissioner on various grounds. Ultimately in the impugned order, the Commissioner concluded as follows:

(3.) The learned counsel Shri. Vipindas T. K. appearing for the petitioner attempted to demonstrate flawed factual findings in the Commissioner's order. It is submitted that the petitioner and respondents 6 to 9 were elected after the duly conducted interview. It is also pointed out that the distance within the locality of temple is a matter to be ascertained with respect to the actual state of affairs and not by identifying the Village or Taluk. It is submitted that the Commissioner ignored the distance pointed out by the Inspector in his report. The learned counsel further submitted that the petitioner and respondents 6 to 9 are residing on the opposite bank of the river and therefore, there is no violation of distance applicable in the matter and the distance rule would not stand in the way of the elected members.