Research › Search › Judgment

Karnataka High Court · body

2011 DIGILAW 1132 (KAR)

K. Sudarshan Shetty v. State of Karnataka

2011-11-22

B.S.PATIL

body2011
ORDER B.S. PATIL, J.—In this writ petition, petitioner is challenging the order dated 14.7.2011 passed by the 3rd respondent appointing an Administrator to Sri Subrahmanya Temple, Kadandale Village, Moodabidri Taluk, Dakshina Kannada. 2. The contention of the petitioner is that he has been functioning as Managing Trustee since 1987 and, therefore, before passing the impugned order appointing an Administrator, it was imperative for the respondents to notify the petitioner and hear him. Though several contentions are urged on the merits of the grievance made, in the light of the order passed in W.A. Nos. 741-742/2010 on 8th March 2010, it is clear that the order appointing Administrator to manage the affairs of the temple under the provisions of the Kamataka Hindu Religious and Charitable Endowments Act, 1997, could be traced to the provisions contained in Section 3(3) of the Act. In the aforesaid writ appeals, this Court has held that in view of sub-section (3) of Section 3 of the Act and also in the light of the decision reported in 1990(1) Kar. L.J. 367, the appointment of Administrator to manage the affairs of the temple under the provisions of Karnataka Hindu Religious and Charitable Endowments Act, 1997 could be justified. 3. In the instant case also, after theexpiry of the term of the managing committee which was duly selected for discharging the duties to manage the affairs of the committee, the competent authority has appointed the Administrator to manage the affairs of the temple. Though the petitioner claims to be the managing trustee and asserts that he is discharging his duties as such, the fact remains that the term of the committee having expired, the authorities have made a temporary arrangement by appointing an Administrator for managing the affairs of the temple. In such circumstances, the contentions urged on merits challenging the appointment of Administrator have no force in law. 4. Sri. H.T. Narendra Prasad, learned Govt. Pleader appearing for the respondents on Instructions submits that in view of the amendment of the provision under Section 25 of the Karnataka Hindu Religious and Charitable Endowments Act, 1997, by Act No. 27 of 201 1. which has come into effect, from 4.5.2011, providing for constitution of Rajya Dharmik Parishad and Zilla Dharamik Parishad, the Rajya Dharmik Parishad and the Zilla Dharmik Parishad are vested with power to appoint committee of management in respect of different temples. which has come into effect, from 4.5.2011, providing for constitution of Rajya Dharmik Parishad and Zilla Dharamik Parishad, the Rajya Dharmik Parishad and the Zilla Dharmik Parishad are vested with power to appoint committee of management in respect of different temples. Hesubmits that for South Canara District, the State Government has constituted a. District Zilla Dharmik Parishad and steps will be taken by the Zilla. Dharmik Parishad to constitute a Committee for managing the affairs of the temple in question if necessary directions are issued. 5. In the light of these submissions and in view of the amendment brought to Section 25 and keeping in mind the establishment of Zilla Dharmik Parishad for South Canara District, it is just and proper to direct the Zilla Dharmik Parishad to take steps to constitute a managing committee for managing the affairs of Sri. Subrahmanya Temple at Kadandal village, Moodibidri Taluk, Dakshina Kannada District. Ordered accordingly. 6. At this stage, learned counsel for the petitioner submits that since religions festival In connection with the temple in. question will commence, the petitioner who has served as managing trustee may be permitted to assist the Administrator to carry on the religious and other allied activities connected with the temple. 7. There cannot be any impediment for the Tahsildhar to take the assistance of the petitioner, who has discharged his duties as managing trustee for several years and Is well conversant with the religious and other activities of the temple for effective management of the temple. 8. With the above observations, writ petition is disposed of directing the District Dharmik Parishad to constitute a managing committee for the temple in accordance with law within four months from the date of receipt of a copy of this order.