Kerala High Court
Poonkodu Mulluvila Devi vs Thyagarajan
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
THURSDAY, THE 3RD DAY OF OCTOBER 2013/11TH ASWINA, 1935
OP(C).No. 1583 of 2013 (O)
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AGAINST THE ORDER/JUDGMENT IN OS 12/2009 of I ADL.D.C., TRIVANDRUM
PETITIONERS:
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1. POONKODU MULLUVILA DEVI
BEING THE DEITY OF THE POONKODU MULLUVILA TEMPLE,
SITUATED NEAR VEDIVANCHAN KOIL, VENGANNOOR DESOM,
PALLICHAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM REP BY THE PRESIDENT.
2. S.R. BAIJU,
S/O. SUGUTHAN, PRESIDENT, POONKODU MULLUVILA TEMPLE
SITUATED NEAR VEDIVANCHAN KOIL, VENGANNOOR DESOM,
PALLICHAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT.
3. SHAJI,
S/O. PRABHAKARAN, SECRETARY, POONKODU MULLUVILA TEMPLE,
SITUATED NEAR VEDIVANCHAN KOIL, VENGANNOOR DESOM,
PALLICHAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT.
4. SANJIVAN,
S/O. RAVINDRAN, RESIDING AT "ANIZHAM",
BHAGAVATHY NADA.P.O., POONKODU, CHANTHAVILA,
NEAR VEDIVACHAN KOIL, VENGANNOOR DESOM,
PALLICHAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM.
BY ADVS.SRI.M.R.ANANDAKUTTAN
SMT.M.A.ZOHRA
SRI.R.S.MADHU
SRI.MAHESH ANANDAKUTTAN
RESPONDENT(S):
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1. THYAGARAJAN,
S/O. RAGHAVA PANICKER, RESIDING AT "PREETHA NIVAS",
POONKODU, BHAGAVATHY NADA.P.O.,
THIRUVANANTHAPURAM-695 501.
OP(C).No. 1583 of 2013 (O)
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2. V. RAVEENDRAN,
S/O. VELAYUDHA PANICKER, RESIDING AT "ANUPAMA", POONKODU
BHAGAVATHY NADA.P.O., THIRUVANANTHAPURAM-695 501.
3. G.V. SEN,
S/O. GOVINDA PANICKER, RESIDING AT "VASANTH",
VEDI VACHANKOVIL, THIRUVANANTHAPURAM-695 501.
4. RAJENDRANATH,
S/O. P. RAGHAVAN, RESIDING AT "LEKSHMI BHAVAN", POONKODU,
BHAGAVATHY NADA.P.O., THIRUVANANTHAPURAM-695 501.
R2-R4 BY ADV. SRI.L.MOHANAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2013, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1583 of 2013 (O)
3
APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: COPY OF THE I.A. 151 OF 2013 IN OS 12/2009 OF THE DISTRICT COURT,
THIRUVANANTHAPURAM.
EXT.P2: COPY OF THE COUNTER AFFIDAVIT IN OS 12/2009 OF THE DISTRICT
COURT, THIRUVANANTHAPURAM.
EXT.P3: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE
DEFENDANTS 1 TO 3 IN O.S. NO. 12/2009.
EXT.P4: COPY OF INVITATION AND SCHEDULE OF ANNUAL FESTIVAL IN THE
TEMPLE STARTS FROM APRIL 12 AND IS SCHEDULED FROM APRIL 12
TO APRIL 18 WHICH IS 1188 MEENAM 29 TO MEDAM 5 OF THE
MALAYALAM CALENDAR YEAR.
EXT.P5: TRUE COPY OF THE ORDER DATED 23-3-13 IN I.A.NO.151/13 IN O.S. NO.
12/2009 OF THE ADDL. DISTRICT JUDGE-I, THIRUVANANTHAPURAM.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A. TO JUDGE
VPV
P.N.RAVINDRAN, J.
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O.P.(C).No.1583 of 2013
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Dated this the 3rd day of October, 2013
JUDGMENT
The petitioners are the defendants in O.S.No.12 of 2009 on the file of the Court of the I Additional District Judge of Thiruvananthapuram. The respondents are the plaintiffs therein. The suit instituted by the respondents is one for framing a comprehensive scheme for the administration and management of Poonkodu Mulluvila Devi Temple Trust and its assets and for removing defendants 2 and 3 from the Temple Trust. The plaintiffs had long after the suit was instituted, filed I.A.No.151 of 2013 for an interim order directing the defendants to convene the general body meeting of the first defendant temple trust for the purpose of better administration of the temple and seeking other reliefs. After considering the rival contentions, the court below allowed the application by Ext.P5 order passed on 23.3.2013 and held as follows:-
"12. At the present stage, it is not possible to have a detailed probe into the merits and demerits of the rival contentions raised by the respective parties. Indeed elaborate evidence is essentially to be adduced by respective parties to assert their rival stand. Now, no time is left to relegate the whole issues to such a late stage as O.P.(C)No.1583 of 2013 2 undisputedly, public money has reached the hands of the present office bearers of the temple trust, in their earnest move to gather funds for conduct of the ensuing temple festival. Therefore, I am duly convinced that an imminent public protest and consequent chaos anticipated by the petitioners is inevitably to occur if the present stage of affairs are let to continue without check and curb. Therefore, when so viewed, I am duly convinced that convening a General Body meeting involving the entire worshipers of the community within no time is inevitable.
13. To have a smooth convening of the General Body meeting, everything should be managed in a regular, controlled and disciplined manner for which, the appointment of an Advocate Commissioner is also found very essential. Viewing so, I do not find anything wrong in the petitioners' prayer. Accordingly, I am inclined to allow this petition.
Resultantly, this petition is allowed directing the respondents to convene an urgent General Body meeting of the first respondent's temple trust to mann the affairs enumerated above and to elect a committee to administer and manage the upcoming temple festival under the instruction, aid and supervision of an Advocate Commissioner, Advocate Sri.Balakrishnan Nair is appointed as the Commissioner in this regard. The petitioners are directed to pay a sum of Rs.10,000/- as Bata to the Advocate Commissioner. The latter shall take all necessary steps and preparations required for an early conduct of the General Body meeting as stated above and the consequent election and formation of a committee for management and administration of the temple affairs at the earliest."
The said order is under challenge in this original petition.
2. A reading of the impugned order discloses that the court below has held that elaborate evidence is required to be adduced O.P.(C)No.1583 of 2013 3 before the rival contentions are considered on the merits and a decision taken on various aspects arising for consideration. A reading of the impugned order would also show that it was only an interim arrangement made for the purpose of the temple festival which was held in April 2013. Paragraph 11 of the impugned order discloses the said fact. It is also not in dispute that the temple festival was conducted in April 2013 but under the supervision of the committee which was earlier in office. In other words, the order impugned did not take effect before the temple festival was conducted. Such being the situation, I am of the opinion that it is not necessary for this Court to go in to the merits of the rival contentions and to decide the original petition on the merits. The suit is one instituted in the year 2009. More than four years have passed thereafter. In such circumstances, I am of the opinion that the proper course would be to direct the trial court to try and dispose of the suit expeditiously.
I accordingly dispose of the original petition with a direction to the Court of the District Judge of Thiruvananthapuram to try and dispose of O.S.No.12 of 2009, expeditiously and in any event within an outer limit of six months from the date of receipt of a certified copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the rival contentions and that the court O.P.(C)No.1583 of 2013 4 below will be free to take an appropriate decision having regard to the pleadings and the materials on record.
P.N.RAVINDRAN JUDGE vpv