ARUNKUMAR.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dated 20.10.2015 in W.P.(C) No.18953 of 2015. The petitioner in the writ petition is the appellant herein (who is hereinafter referred to as 'the petitioner'). The petitioner challenged Exts.P2 and P3 proceedings, by which, his appointment to the post of Non - Hereditary Trustee of Sree Vilakkumadam Venkittarmana Temple, Karicheri, Kasaragod Taluk, Kasaragod District has been set aside by the 2nd respondent, which was confirmed by the Government.

(2.) The short facts involved in the writ petition would disclose that the 3rd respondent had invited applications for appointment of Non -Hereditary Trustee in the aforesaid Temple. After attending the selection process, the petitioner as well as respondents 6 to 9 were appointed as Non -Hereditary Trustees, which came to be challenged in a revision filed under Sec.18 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (hereinafter referred to as 'the Act'). The 3rd respondent, Assistant Commissioner, set aside the appointment and directed the Area Committee to make fresh appointment within a period of one month from the date of receipt of a copy of the order. The petitioner preferred an appeal before the Government, which was decided as per order dated 2.6.2015, rejecting the claim of the petitioner.

(3.) It was inter alia contended by the petitioner that the Commissioner had not decided the claim of the petitioner in accordance with law. The Commissioner in Ext.P2 order dated 27.9.2014 observed as under : -