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2. Petitioner is a member of Elayakorambu Mana. Members of Moothakorambu Mana, Pulikkezhu Illom and Attayoor Mana are the other three non hereditary trustees of the temple. Petitioner has approached this court seeking a direction to the respondents to allow him to continue as member of the Board of Trustees of the temple. Consequent on the death of Karunakaran Nambiar, who was holding the post of Chairman of the Board of Trustees, election to the post of Chairman has become necessary. Petitioner and other two hereditary trustees then made enquiries and they came to know that the petitioner was not included as a member of the Trustee Board and the constitution of the Trustee Board consisted of two hereditary trustees and three non hereditary trustees. Petitioner noticed that Elayakorambu Mana in which petitioner is the eldest member was illegally dropped from the Trustee Board. On enquiry he came to know that second respondent had taken a decision on 29.6.1994 by which he had appointed three non hereditary trustees for a period of five years, exercising the powers conferred under Section 41 of the H.R. & C.E. Act. Ext. P1 order was issued by the second respondent indicating that there would be three non hereditary trustees and two hereditary trustees.

4. Counter affidavit has been filed on behalf of the second respondent. It is stated that two hereditary trustees and three non hereditary trustees are proposed to be appointed by the Area Committee, Palakkad. Further it is pointed out that the term of appointment of non hereditary trustees under Ext. P1 has expired and the challenge against Ext.P1 cannot stand. It is stated that if the case of the petitioner is that his family has got hereditary rights, he has to establish the same before the Deputy Commissioner under Section 57(b) of the Act. Therefore it is submitted that the Original Petition is liable to be dismissed.

5. Petitioner filed reply affidavit producing three documents. Ext.P4 is photo copy of the register dated 27.11.1903 of the Joint Pattadar of Valluvanadu taluk maintained in the erstwhile Malabar district which would prove the fact that the trustee of Kuruvambalam Devaswom as recognised by the then Government are (i) Pulikkizhu Thrivikraman Namboodiri, (ii) Moothakurambil Narayanan Namboodiri, (iii) Ilayakkurambil Raman Namboothiri and (iv) Attayoor Agnitrathan Namboodiri. It is stated that Attayoor family does not exist for the last 50 years and the third family referred to in Ext.P4 is that of the petitioner. Petitioner also produced photo copy of the third page of Kathakali Souvenir published on 1st March 1983 which would show that Sri. E.K. Raman Namboodiri, petitioner, with two other hereditary trustees and two non hereditary trustees were in the Board of Trustees. Further, petitioner has also produced extract of the register of the immovable property of Perinthalmanna taluk justifying his case. It is stated in the said document that the petitioner is one of the hereditary trustees of the temple.