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Tharamel Krishnan Vs. Guruvayoor Devaswom Managing Committee and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtKerala High Court
Decided On
Case NumberOriginal Petn. No. 314 of 1973
Judge
Reported inAIR1978Ker68
ActsConstitution of India - Articles 25, 26 and 245; ;Kerala Guruvayoor Devaswom Act, 1971 - Sections 3, 4, 11, 12, 14 to 18, 15(4), 16, 19(6) 20, 21, 24(1) and 24(2); Kerala Guruvayoor Devaswom (Amendment) Act, 1972; Code of Civil Procedure (CPC) - Sections 92; Madras Hindu Religious and Charitable Endowments Act - Sections 5(3)
AppellantTharamel Krishnan
RespondentGuruvayoor Devaswom Managing Committee and ors.
Appellant Advocate O. Balanarayanan,; S. Easwara Iyer,; K.P. Radhakrishna M
Respondent AdvocateGovt. Pleader
Excerpt:
.....of india and sections 3, 4, 11, 12, 14 and 24 (1) of kerala guruvayoor devaswom act, 1971 - kerala state legislature enacted impugned act to make provision for proper administration of guruvayoor devaswom - petitioner claiming to be worshipper of temple challenged constitutional validity of impugned act - real purpose and intendment of articles 25 and 26 to guarantee freedom to profess, practice and propagate their religion - to establish and maintain institutions for religious and charitable purposes - to manage its own affairs in matters of religion - to own and acquire properties and to administer in accordance with law - court will always have to keep in mind real purpose underlying incorporation of provisions in fundamental rights - provisions contained in section 24 (3) (f).....order of full bench 67. since it will not be in the public interest to create a hiatus in the matter of the administration of the devaswom even for any short period, we consider it appropriate in the interests of justice to direct that the operation of this judgment will stand stayed for a period of two weeks from to-day in order to allow reasonable time to the state to take such steps as it may deem fit in the light of this pronouncement by this court.
Judgment:
ORDER

OF FULL BENCH

67. Since it will not be in the public interest to create a hiatus in the matter of the administration of the Devaswom even for any short period, we consider it appropriate in the interests of justice to direct that the operation of this judgment will stand stayed for a period of two weeks from to-day in order to allow reasonable time to the State to take such steps as it may deem fit in the light of this pronouncement by this Court.


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