Case Note & Summary
The petitioner, Sri Shrisha Tanthry, claiming to be the hereditary Thantri of Sri Lakshmi Janardhana Temple in Kapu, Udupi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to respondents 1 to 4 (the Commissioner of Religious and Endowments, the Deputy Commissioner of Hindu Religious Institutions and Charitable Endowments, the Management Committee of the Temple, and the Executive Officer of the Temple) to restrain or prevent the 5th respondent, Sri K.P. Srinivas Thantry, from performing pooja rituals at the temple, particularly during the annual celebrations commencing from 12-02-2025. The petitioner alleged that he is the sole hereditary Thantri and that the 5th respondent was attempting to usurp his rights. The respondents, represented by the Additional Government Advocate and senior counsel, contended that the claim of hereditary right was disputed and that the petitioner had an alternative remedy under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. The court, after hearing arguments, observed that the determination of hereditary rights involves disputed questions of fact regarding lineage, custom, and usage, which cannot be resolved in writ proceedings. The court held that the petitioner must approach the civil court or the appropriate authorities under the Act for adjudication of his rights. Consequently, the writ petition was dismissed, leaving it open to the petitioner to seek remedies in accordance with law.
Headnote
A) Religious Endowments - Hereditary Right - Thantri - Writ of Mandamus - The petitioner sought a writ to restrain the 5th respondent from performing pooja rituals claiming exclusive hereditary right as Thantri - The court held that the claim of hereditary right involves disputed questions of fact which cannot be adjudicated in writ jurisdiction under Articles 226 and 227 of the Constitution of India - The petitioner must approach the civil court or the authorities under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 for determination of rights (Paras 1-10).
Issue of Consideration
Whether the petitioner, claiming to be the hereditary Thantri of Sri Lakshmi Janardhana Temple, is entitled to a writ of mandamus restraining the 5th respondent from performing pooja rituals at the temple.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to approach the civil court or the authorities under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 for determination of his rights.
Law Points
- Hereditary right
- Thantri
- Temple rituals
- Writ of mandamus
- Disputed question of fact
- Alternative remedy
