Dismissed

Sreekrishna Seva Samithi v. Commissioner

Kerala HC13 Feb 2023WP(C)/3136/2023

Case brief

AI extract

What is this about?

This judgment dismissed two writ petitions filed by Sreekrishna Seva Samithi and TTK Devaswom regarding a dispute over the administration of Thrichambalam Sreekrishna Temple. The Court held that the Samithi had no legal right to the premises and directed the Devaswom Board to stop the society's activities.

What did the court decide?

Both writ petitions seeking declaration of rights and writs of mandamus were dismissed.

Sreekrishna Seva Samithi Vs Commissioner — Property and Title | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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MONDAY, THE 13^TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 W.P.(C) NO. 3136 OF 2023

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PETITIONERS:

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1 SREEKRISHNA SEVA SAMITHI THRICHAMBALAM, TALIPARAMBA P.O., KANNUR, REP. BY SECRETARY V.V. CHANDRA PRAKASH, S/O V.V. MADHAVAN NAIR (LATE), DEVADEYAM HOUSE, PALAKKLANGARA, KANNUR, PIN – 670141.

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2 A.P.GANGADHARAN

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AGED 62 YEARS, S/O KUNJAMBU (LATE), ANJAMPURA HOUSE, THRICHAMALAM, TALIPARAMBA PO, KANNUR, PRESIDENT, SREEKRISHNA SEVA SAMITHI, THRICHAMBALAM, TALIPARAMBA P.O., KANNUR, PIN – 670141.

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BY ADVS. ELIZEBATH GEORGE K.V.MANOJ KUMAR

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RESPONDENTS:

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1 COMMISSIONER MALABAR DEVASWOM BOARD, ERANHIPALAM PO, KOZHIKODE, PIN – 673006.

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2 THE EXECUTIVE OFFICER TTK DEVASWOM, THALIPARAMBA PO, KANNUR, PIN – 670141.

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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3 TTK DEVASWOM

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REP. BY ITS CHAIRMAN, THALIPARAMBA DEVASWOM, THALIPARAMBA P.O., KANNUR, PIN – 670141.

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4 MALABAR DEVASWOM BOARD REP BY ITS SECRETARY HOSEFEED COMPLEX ERANHIPALAM KOZHIKODE, PIN – 673006.

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SRI R.LAKSHMI NARAYAN, STANDING COUNSEL-MALABAR DEVASWOM BOARD

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2023, ALONG WITH WP(C).4425/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 13^TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 W.P.(C) NO. 4425 OF 2023

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PETITIONER:

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TALIPARAMBA TRICHAMBARAM KANJIRANGAD DEVASWOM (TTK DEVASWOM), REPRESENTED BY ITS EXECUTIVE OFFICER, M. NARAYANAN, AGED 54 YEARS, S/O M. KUBERAN NAMBOOTHIRI, MULLAPPALLI, CHERIYOOR, KUTTIERY POST, TALIPARAMBA, KANNUR, TTK DEVASWOM, TALIPARAMBA, KANNUR DISTRICT, PIN – 670141.

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BY ADV G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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1 THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 696001.

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2 SREE KRISHNA SEVA SAMITHI, REG NO. 50/76, REPRESENTED BY ITS PRESIDENT A.P.GANGADHARAN, TRICHAMBARAM, TALIPARAMBA P.O, KANNUR DISTRICT, PIN – 670141.

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3 COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSE FED COMPLEX, ERANJIPALAM P.O, KOZHIKODE, PIN – 673006.

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4 ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, NILESWARAM P.O, KASARGODE, PIN – 671314.

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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5 THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, TALIPARAMBA P.O, KANNUR DISTRICT, PIN – 670141.

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6 THE MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSE FED COMPLEX, ERAN JIPALAM P.O, KOZHIKODE, PIN – 673006. SRI R.LAKSHMI NARAYAN, STANDING COUNSEL, MALABAR DEVASWOM BOARD

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2023, ALONG WITH WP(C).3136/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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JUDGMENT

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P.G. Ajithkumar, J. W.P.(C) No.3136 of 2023

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The 1^st petitioner Sreekrishna Seva Samithi is a registered society. The 2^nd petitioner is its President. The petitioners claim that the Samithi has been functioning for the last 70 years, though it was registered only in the year 1976. Thrichambalam Sreekrishna Temple is one of the three Temples under the administration of Taliparamba, Thrichambalam, Kanjirangad Devaswom (TTK Devaswom), which is a controlled institution under the Malabar Devaswom Board. The Samithi has been functioning in a room allotted to it by the then Ooralan in the building constructed in the premises of Thrichambalam Sreekrishna Temple. The Samithi has been undertaking all the developmental activities of the Temple and conducting the annual festival. However, the 2^nd respondent had issued Ext.P7 notice dated 08.02.2022 informing that the Samithi shall not conduct any activity in the Temple until further orders. The 2^nd respondent or the

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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Malabar Devaswom Board has no right or authority to do so. Now, a trustee board having three non-hereditary trustees, who are politicians, is governing the affairs of the Temples. It was at their instance, such an action has been taken by the 2^nd respondent. The 1^st petitioner Samithi has been functioning transparently and the office bearers elected every year have been managing its affairs. All the developments in the Temple are the result of the efforts put in by the Samithi. In the said circumstances notice issued by the 2^nd respondent is illegal. Further, the 2^nd respondent has been illegally interfering with the activities of the Samithi by dispossessing it of the room in their occupation. Therefore, the petitioners have filed this Writ Petition seeking the following reliefs,-

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“a) Call for the records leading to Exts.P1 to P8 and direct the respondent not to interfere with the office and functioning of petitioner Seva Samithi by a writ of mandamus or any other appropriate writ, orders or directions;

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b) Declare that the respondents are not authorised to interfere with the functioning of the petitioner Seva

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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Samithi and declare that the petitioner Seva Samithi is entitled to continue the activities in the temple uninterrupted by the respondents.”

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W.P.(C) No.4425 of 2023

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The TTK Devaswom has filed this Writ Petition,

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through its Executive Officer, claiming that it is functioning under the Malabar Devaswom Board and is in administration of Thrichambalam Sreekrishna Temple. The petitioner would allege that the 2^nd respondent Samithi has been illegally functioning, claiming it to be a registered society, and interfering with the affairs of the said Temple. The Samithi has been collecting funds from the public under the guise of conducting festivals in the Temple. They have no authority to collect money from the public. Moreover, they have been misappropriating funds collected also. In the light of such developments, the petitioner has issued notice to the 2^nd respondent Samithi restraining it from taking any action in connection with the festival of the Temple, a copy of which is Ext.P3. The 3^rd respondent Commissioner, in the meantime

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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has instructed the petitioner to take action for stopping the unauthorised activities of the 2^nd respondent. A notice dated 15.02.2022 was accordingly issued to the 2^nd respondent to handover all its assets to the Executive officer. A copy of the notice is Ext.P5. The 2^nd respondent took the stand that the Malabar Devaswom Board has no authority to interdict the activities of the Samithi. In the light of the reluctance of the 2^nd respondent to comply with the directions of the Devaswom Board coercive action was initiated against the 2^nd respondent. Accordingly, as per the order of the 3^rd respondent Commissioner, the Executive Officer assumed charge of the assets of the 2^nd respondent Samithi. The Samithi, however, has been trying to continue its illegal activities which poses threat to the peaceful atmosphere in the Temple and its smooth administration. Therefore, a complaint was submitted before the Deputy Superintendent of Police, Taliparamba to take necessary action in the matter. Ext.P11 is a copy of the complaint. In view of such developments, the petitioner was constrained to file this writ petition seeking the following

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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reliefs,-

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“i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3^rd and 4^th respondents to interdict and restrain the 2^nd respondent Seva Samithi from conducting any meetings, festivals or collecting any funds under a new name in connection with activities of the Thrichambalam Sreekrishna temple, and also to see that no such activities take place there, and if found necessary to avail the assistance of the police, to enforce the same;

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5^th respondent to take coercive action against the 2^nd respondent and to restrict them from conducting any meetings, festivals or any other activities associated with the Thrichambalam Sreekrishna temple.”

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On 30.01.2023, when W.P.(C) No.3136 of 2023

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came up for consideration, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 1 and

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Notice on admission was directed to be served on respondent Nos.2 and 3. In the meantime, the 3^rd respondent through its Executive Officer filed W.P.(C) No.4425 of 2023. When these matters came up for consideration together on

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13.02.2023, the learned Senior Government Pleader took

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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notice for respondent Nos.1 and 5 in W.P.(C) No.4425 of 2023. The learned counsel for the petitioner in W.P.(C) No.3136 of 2013 took notice for the 2^nd respondent and the learned Standing Counsel for Malabar Devaswom Board took notice for respondent Nos.3, 4 and 6.

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Heard the learned counsel appearing for the petitioners in the respective Writ Petitions, the learned Senior Government Pleader and the learned Standing Counsel for Malabar Devaswom Board.

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The petitioner in W.P.(C) No.3136 of 2023, Sreekrishna Seva Samithi, is claimed to be a registered society. Its bye-law is Ext.P1. The right claimed by the petitioner Samithi is that it is a duly constituted society for the development of religious institutions and because of its effort only this Temple has acquired the present stature. The Samithi further claims that even before its registration as a Society in 1976, it had been functioning for the upliftment of the Temple. An office in the Temple compound was allotted to the Samithi by the then Ooralan of the Temple. It is further

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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contended that the 2^nd respondent Executive Officer is the exofficio member of the Samithi as per its bye-law, which would establish that it is the official body managing the affairs of the Temple.

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Indisputedly, Thrichambalam Sreekrishna Temple is a religious institution under the control of the Malabar Devaswom Board. Functioning of the Temple is therefore regulated under the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951. Although the petitioner Samithi claimed that a room was allotted to it by the then Ooralan, there is no document in that regard. As far as Temples under the supervisory control of the Malabar Devaswom Board are concerned, any transfer of the assets and properties of the Temple can be done only in accordance with Section 29 of the HR&CE Act. Section 29 interdicts such transfer made without sanction from the Commissioner. When the assets of the Temple are thus inalienable, the petitioners cannot claim that it has acquired right and interest in the room and premises said to have been allotted to it by the Ooralan of the Temple.

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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Ext.P7 in W.P.(C) No.3136 of 2023 is the notice issued by the 2^nd respondent Executive Officer to the petitioner Samithi not to convene its meeting in the premises of the Temple. The contention of the petitioner Samithi is that it being a registered society, the 2^nd respondent or Malabar Devaswom Board has no authority to intervene in its affairs. We observed above that the petitioner has no right, interest, whatsoever in the building or any part thereof in the premises of the Temple and what all movables being used in relation to the matter connecting to the Temple.

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Ext.P4 in W.P.(C) No.4425 of 2023 is the direction issued by the Commissioner of Malabar Devaswom Board to the Executive Officer of TTK Devaswom to ensure that functioning of Thrichambalam Sreekrishna Seva Samithi is stopped with immediate effect. In terms of the said direction, the Executive Officer had issued Ext.P5 notice to the Samithi to stop its functioning in relation to the Thrichambalam Sreekrishna Temple and hand over all the records in its possession concerning the affairs of the Temple to the

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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Executive Officer. As per Ext.P8, a report was called for by the Assistant Commissioner, Malabar Devaswom Board from the Executive Officer regarding the steps taken for stopping the functioning of Sreekrishna Seva Samithi. It was also directed to see that Sreekrishna Seva Samithi does not collect funds from the public in connection with the affairs of the Temple and take over the room in its possession and the articles therein. The Commissioner of Malabar Devaswom Board requested the Tahsildar, Taliparamba as per Ext.P9 to ensure assistance of the Village Officer, Taliparamba for taking over possession of the office of the Sreekrishna Seva Samithi in the premises of the Thrichambalam Sreekrishna Temple. As per the said direction the Executive Officer took over possession of the office of the Seva Samithi and also all the movables and records therein. Ext.P10 is the inventory prepared in that regard in the presence of the Village Officer, Taliparamba and other persons.

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When Thrichambalam Sreekrishna Seva Samithi is

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not able to establish any right over the office premises which

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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they have been using for quite sometime and right to interfere in the affairs of the Temple, it is not entitled to claim a writ of mandamus as prayed in W.P.(C) No.3136 of 2023.

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Since the office of the Thrichambalam Sree Krishna Seva Samithi functioning in the Temple premises has already been taken over by the Executive Officer, TTK Devaswom, as per the directions of the Malabar Devaswom Board, nothing survives in W.P.(C) No.4425 of 2023, and therefore, that Writ Petition is also liable only to be dismissed.

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Accordingly, both the Writ Petitions are dismissed.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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dkr

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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APPENDIX OF WP(C) 3136/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE S NO 50/1976 EXHIBIT P2 TRUE COPY OF MINUTES OF ANNUAL GENERAL BODY MEETING DATE 13/1/2019 EXHIBIT P3 TRUE COPY OF MINUTES OF MEETING OF SEVASAMITHI DATED 18.1.2020 EXHIBIT P4 TRUE COPY OF MINUTES OF MEETING OF SEVASAMITHI DATED 28.11.2021 EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATE 29.1.2022 EXHIBIT P6 TRE COPY OF NOTICE ISSUED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 7.2.2022 EXHIBIT P7 TRE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT DATED 8.2.2022 EXHIBIT P8 TRE COPY OF THE LAWYER NOTICE DATED 19.4.2022

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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APPENDIX OF WP(C) 4425/2023

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PETITIONER EXHIBITS

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EXHIBIT1	A TRUE COPY OF ASSOCIATION DATED 2	THE MEMORANDUM OF 9.3.1976.
EXHIBIT P2	A TRUE COPY OF	THE CERTIFICATE OF
	REGISTRATION DATED	29.03.1976 ISSUED
	PURSUANT TO TH ASSOCIATION.	E MEMORANDUM OF
EXHIBIT P3	A TRUE COPY OF	THE NOTICE DATED
	08.02.2022 ISSUED	BY THE EXECUTIVE
	OFFICER, TTK D SECRETARY, SREEKRIS	EVASWOM TO THE HNA SEVA SAMITHI.
EXHIBIT P4	A TRUE COPY OF THE 09.02.2022 ISSUED TO EXECUTIVE OFFICE	COMMUNICATION DATED BY THE COMMISSIONER R, TTK DEVASWOM.
EXHIBIT P5	A TRUE COPY OF	THE NOTICE DATED
	15.02.2022 ISSUED	BY THE EXECUTIVE
	OFFICER, TTK DEVAS	WOM TO THE OFFICE
	BEARERS OF THE SAMITHI.	SREEKRISHNA SEVA
EXHIBIT P6	A TRUE COPY OF FU 25.03.2022.	RTHER NOTICE DATED
EXHIBIT P7	A TRUE COPY OF THE 19.04.2022 SENT BY SEVA SAMITHI TO THE	REPLY NOTICE DATED THE 2ND RESPONDENT PETITIONER.
EXHIBIT P8	A TRUE COPY OF THE	COMMUNICATION DATED
	21.02.2022 ISSUED	BY THE ASSISTANT
	COMMISSIONER, MALA	BAR DEVASWOM BOARD
	TO THE EXECUTI DEVASWOM.	VE OFFICER, TTK

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W.P.(C) Nos.3136 of 2023 and 4425 of 2023

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EXHIBIT P9 A TRUE COPY OF THE ORDER (H2445/2022/M.D.B) DATED 29.08.2022 PASSED BY THE COMMISSIONER, MALABAR DEWASWOM BOARD. EXHIBIT P10 A TRUE COPY OF THE REPORT AND INVENTORY DATED 06.09.2022 PREPARED BY THE EXECUTIVE OFFICER, TTK DEVASWOM. EXHIBIT P11 A TRUE COPY OF THE COMPLAINT DATED 26.09.2022 FILED BY THE PETITIONER BEFORE DYSP, TALIPARAMBA.

Sreekrishna Seva Samithi v. Commissioner

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Sreekrishna Seva Samithi v. Commissioner

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