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Ker HC | Issue of right over Sabarimala Temple is matter of religious belief and practice; jurisdiction in PIL not warranted

Kerala High Court: A Division Bench comprising of Hrishikesh Roy and A.K. Jayasankaran Nambiar, JJ. was seized of a petition structured as a Public Interest Litigation praying for the following declarations:

The Court opined that consideration of the above prayers, as made in the petition, would require determination of many factual aspects which would not be feasible while exercising jurisdiction under Article 226 of the Constitution.

It was further observed that the challenge herein related to religious belief and practice and the petitioner had failed to show, even on a prima facie basis, as to how such religious belief and practice should be a matter of court intervention.

In view of the above, the petition was dismissed but the petitioner was granted liberty to establish a factual foundation for his claim before proper forum. [Dr S. Ganapathy v. State of Kerala, 2018 SCC OnLine Ker 5802, decided on 21-12-2018]

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