Kerala High Court Dismisses Plea Challenging Appointment Of Non-Hereditary Trustees At Sree Emoor Bhagavathy Temple

Case: K. Chathu Achan v. State of Kerala & Ors.

Coram: Justice Anil K. Narendran and Justice P.G. Ajithkumar

Case No.: WP(C) NO. 18638 OF 2021

Court Observation: “The Executive Officer has to exercise the powers and perform duties, as assigned by the 3rd respondent Commissioner, in the administration of the temple in question. When the power and duties of an Executive Officer is specified in the statute, the petitioner cannot contend that the 6th respondent Executive Officer is only a servant of the Trustee Board, who is bound by the decisions of the Trustee Board consisting of two hereditary trustees.”

“The reference of Sections 39 and 41 of the Act in Clause 4 of Ext.P1 scheme does not in any manner affect the right of the Board to appoint non-hereditary trustees in the temple, in terms of Clause 4 of the said scheme. Therefore, we find no merits in the contentions raised by the petitioner, relying on the provisions under sub-section (2) of Section 39 of the Act in order to challenge Ext.P5 notification dated 26.07.2021 issued by the 3rd respondent Commissioner.”

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Keywords

Appointment Of Non-Hereditary Trustees, Sree Emoor Bhagavathy Temple