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Kerala High Court

Krishnakumar Adhishar vs High Court Of Kerala Represented By Its ... on 6 January, 2026

Author: V.G.Arun

Bench: V.G.Arun

                                                         2026:KER:1874

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947

                      WP(C) NO. 42376 OF 2025

PETITIONER:

          KRISHNAKUMAR ADHISHAR
          AGED 64 YEARS
          S/O. VASUDEVAN PILLAI, ARAYAN PARAMBIL HOUSE,
          KADAPRAMURI, KADAPRA VILLAGE, THIRUVALLA TALUK,
          PATHANAMTHITTA DISTRICT., PIN - 689547
          BY ADVS.
          SRI.P.HARIDAS
          SHRI.BIJU HARIHARAN
          SMT.SHIJIMOL M.MATHEW
          SRI.P.C.SHIJIN
          SMT.ROSHIN MARIAM JACOB
          SMT.AISWARYA RAJ
RESPONDENTS:
     1     HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR
           (GENERAL)
           HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
     2     REGISTRAR (DISTRICT JUDICIARY)
           HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
     3     DISTRICT COURT, ALAPPUZHA REPRESENTED BY ITS CHIEF
           MINISTERIAL OFFICER
           DISTRICT COURT, ALAPPUZHA., PIN - 688001
     4     ADDITIONAL DISTRICT COURT (SUB COURT THIRUVALLA)
           REPRESENTED BY ITS CHIEF MAGISTERIAL OFFICER.
           THIRUVALLA, PIN - 689101
     5     ADDITIONAL DISTRICT COURT ALAPPUZHA
           REPRESENTED BY ITS CHIEF MAGISTERIAL OFFICER, PIN -
           688001
           BY ADV SRI.S.VISHNU (ARIKKATTIL)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2026:KER:1874

W.P.(C) No.42376 of 2025

                                      2




                               JUDGMENT

Dated this the 6th day of January, 2026 The petitioner is the son of the 17th defendant in OS No.57 of 1963 of the Sub Court, Alappuzha. In the suit, by order dated 06.08.1968, the Court had modified the scheme for the management of the Parumala Valiya Panayannarkavu Sree Bhagavathi Temple, owned by the petitioner's Tharavad. The Court also held that nobody will have the right to change the scheme without getting approval. The petitioner filed an interlocutory application in O.S. No.57 of 1963, alleging that the temple is being mismanaged by the persons who are at the helm of affairs now and sought modification of the scheme. Applications for injunction and appointment 2026:KER:1874 W.P.(C) No.42376 of 2025 3 of commissioner. The applications were returned by Registry of the Sub Court, Alappuzha with an oral direction to submit them before the Sub Court, Thiruvalla as the territorial jurisdiction had changed. Although the petitioner submitted the applications before the Sub Court, Thiruvalla, they were again returned on the premise that the records are still with the Sub Court, Alappuzha. Hence, this Writ Petition.

2. Learned Counsel for the petitioner placed reliance on the decisions in Maratt Rubber Ltd. v. George Tharakan (1985 KHC 94) and Subbiah v. Muthuswamy and Another (1984 KHC 1857) to contend that the Court to which the suit is transmitted by reason of change of jurisdiction is empowered to pass orders on the applications filed. The position was ascertained through the Registry and as per information 2026:KER:1874 W.P.(C) No.42376 of 2025 4 received, the Sub Court, Thiruvalla is the jurisdictional Court.

The Writ Petition is hence disposed of by directing the Sub Court, Alappuzha to forthwith transmit the records in O.S. No.57 of 1963 to the Sub Court, Thiruvalla. Once the records are received, the Sub Court, Thiruvalla shall accept the applications submitted by the petitioner and pass appropriate orders thereon.

V.G.ARUN JUDGE SSK/06/01 2026:KER:1874 W.P.(C) No.42376 of 2025 5 APPENDIX OF WP(C) NO. 42376 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE UNNUMBERED INTERLOCUTORY APPLICATION IN OS NO.57 OF 1963 WITH ENDORSEMENT OF SUB COURT, THIRUVALLA DATED 08.04.2025 Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01.08.2025 Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.08.2025