Writ Petition No.6225 of 2012 (Gm-R/C)
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- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 04 th DAY OF SEPTEMBER, 2012 BEFORE THE HON’BLE MR.JUSTICE MOHAN SHANTANAGOUDAR WRIT PETITION NO.6225 OF 2012 (GM-R/C) BETWEEN : K SUDARHSNA SHETTY S/O RAMANNA SHETTY AGED ABOUT 63 YEARS, MANAGING TRUSTEE SRI SUBRAMNAYA TEMPLE R/O KADANDALE GUTHU, KADANDALE VILLAGE & POST, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT-574277 ... PETITIONER (By Sri: PRADEEP NAIK K, ADV., ) AND : 1 THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE RELIGIOUS & CHARITABLE ENDOWMENT M.S.BUILDING BANGALORE-560001 2 THE COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAAKA, CHAMRAJPET BANGALORE-560018 3 THE TAHASILDHAR MUDUBIDRE, MANGALORE TALUK - 2 - DAKSHINA KANNADA DISTRICT-574277 4 SRI VASUDEVA RAO S/O LATE SRI KRISHNA RAO AGED ABOUT 70 YEARS SRI KRISHNA KADANDALE VILLAGE & POST MANGALORE TLAUK DAKSHINA KANNADA DISTRICT-574277 5 SRI K SUBBAIAH SHETTY S/O LATE SANJEEVA SHETTY AGED ABOUT 64 YEARS KADANDALE VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574277 6 SMT. MALATHI V MOHILI W/O SRI VITTALA MOHILI AGED ABOUT 35 YEARS KADANDALE VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574277 7 SRI TARANATAH SHETTY S/O SRI LAKSHMI PRASAD KALLOLI AGED ABOUT 50 YEARS KADANDALE VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574277 8 SRI K P SANTOSH SHETTY S/O K P MAHABALA SHETTY AGED ABOUT 52 YEARS KADANDALE VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574277 9 SRI VASANTH POOJARI S/O SIDDU POOJARI AGED ABOUT 50 YEARS KADANDALE VILLAGE & POST - 3 - MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574277 10 SRI SEENA HARIJAN S/O MOHILI HARIJAN AGED ABOUT 55 YEARS KADANDALE VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574277 11 SRI GANAPATHI BHAT S/FO SRI SUBRAMANYA BHAT AGED ABOUT 48 YEARS ANUGRAHA, KADANDALE VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-574277 12 PRADHAN ARCHAKA KADANDALA SRI SUBRAMANYA TEMPLE KADANDALE VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA DISTICT-574 277 ... RESPONDENTS (By Sri: K A ARIGA, ADV., FOR R4-12 K. KRISHNA, AGA FOR R1-3 ) --------- THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R2 DATED 27.12.11 VIDE ANNX-A ; DIRECT THE R1 TO 3 HEREIN TO CONSTITUTE A MANAGEMENT COMMITTEE UNDER THE AMENDED PROVISIONS OF SECTION 25 OF THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWNMENT ACT. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:- - 4 - O R D E R The petitioner has questioned the order at Annexure-A dated 27.12.2011 by which respondent Nos.4 to 12 are appointed as members of renovation committee of Sri. Subramanya Temple, Kadandala, Mangalore Taluk, Dakshina Kannada District. The petitioner is the former managing trustee of the said temple. He approached this Court by filing W.P.No.35503/2011 for certain reliefs. In the said writ petition, he had also prayed for appointment of managing committee under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. Said writ petition came to be disposed of on 22 nd November 2011 as per order Annexure-B directing the Zilla Dharmik Parishad of South - 5 - Canara District to take steps to constitute a managing committee for managing the affairs of the said temple within four weeks from the date of receipt of copy of the said order. 2. Learned counsel for the petitioner submits that till this day, no action is taken by Zilla Dharmik Parishad to appoint the managing committee as directed by this Court. It is further submitted that the order Annexure-A appointing respondent Nos.4 to 12 as members of renovation committee by the second respondent in the mean-while is not just and proper, inasmuch as, second respondent is deviating from the order passed by this Court in W.P.No.35503/2011. According to him, under the guise of renovation, the committee members - 6 - are reconstructing the whole temple complex including Gopuram. Writ petition is opposed by Sri. K.A. Ariga, learned counsel appearing on behalf of respondent Nos.4 to 12 and learned Addl. Govt. Advocate Sri. K. Krishna appearing on behalf of respondent Nos.1 to 3. Statement of objections are filed by Sri. Ariga. 3. The second respondent by concluding that the temple in question comes under “A” category has appointed the committee for renovation of the temple. Admittedly, the temple in question is being managed by an Administrator duly appointed by the Government. Merely because there is delay on the part of Zilla Darmik Parishat to appoint the - 7 - managing committee as directed by this Court, the renovation work of the temple cannot be stalled. If temple is not renovated as and when required or if additional structures are not put up such as Dasoha building etc., then, the devotees at large will suffer. The interest of devotees is of paramount importance. The managing committee members or the renovation committee members will only renovate the temple building. They would perform the duties for the benefit of the temple at large. If renovation takes place prior to appointment of managing committee, no harm or prejudice will be caused to anybody, much less to the petitioner. Ultimately the temple and the devotees will be benefited by renovating the temple. Absolutely, no allegations are made - 8 - against respondent Nos.4 to 12 who are newly appointed as members of renovation committee. The said committee will remain for a temporary purpose of renovating the temple. Ultimately, when the managing committee takes charge of the office, they would start managing the affairs of the temple. 4. Moreover, the order in question is in consonance with proviso to Section 3(3) of The Karnataka Hindu Religious Institutions and Charitable Endowment Act, 1997, inasmuch as, the second respondent is empowered to constitute a committee for appropriate actions in the interest of the temple and the devotees. 5. Sri. Ariga, learned counsel appearing on behalf of respondent Nos.4 to 12 brings to the - 9 - notice of the Court that already the concerned has invited applications for appointing the managing committee and persons including respondent Nos.4 to 12 have submitted their applications for appointment. If it is so, Zilla Darmik Parishad will appoint the managing committee as per rules. In view of the above, this Court does not find any reason to interfere with the impugned order, inasmuch as, the same is just and proper under the facts and circumstances of the case. Accordingly, writ petition fails and the same stands dismissed. Sd/- JUDGE *mn/-.