Kerala High Court
N. Sasi vs Paravur Puttingal Devaswam Trust on 21 June, 2016
Author: K.Harilal
Bench: K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
TUESDAY, THE 21ST DAY OF JUNE 2016/31ST JYAISHTA, 1938
OP(C).No. 1479 of 2016 (O)
--------------------------
OS.NO.129/1956 O DISTRICT COURT, KOLLAM
....
PETITIONER(S):
-------------
1. N. SASI,
S/O NARYANAN, AGED 69 YEARS, RESIDING AT
CHILANKALAYAM, KURUMANDAL, PARAVUR P.O.,
PIN:691 301.
2. B.SABU,
S/O DIVAKARAN, AGED 64 YEARS, RESIDING AT
KIZHAKKEBHAGOM, KURUMANDAL, PARAVUR P.O.,
PIN:691 301.
BY ADVS.SMT.K.G.BINDU
SMT.T.S.MAYA (THIYADIL)
RESPONDENT(S):
--------------
1. PARAVUR PUTTINGAL DEVASWAM TRUST,
PARAVUR, PIN:691 301, REPRESENTED BY ITS SECRETARY.
2. JAYALAL P.S.,
S/O PADMANABHA PILLAI, AGED 46 YEARS,
RESIDING AT PADMANABHAVILASOM, KOONAYIL,
PARAVUR P.O., PIN:691 301.
3. KRISHNANKUTTY PILLAI,
S/O JANARDHANAN PILLAI, AGED 58 YEARS,
RESIDING AT KRISHNABHAVAN, POZHIKKARA,
PARAVUR P.O., PIN:691 301.
4. PRASAD,
S/O JANARDHANAN PILLAI, AGED 55 YEARS,
RESIDING AT POOVANVILA, KURUMANDAL CHERRY,
PARAVUR-PIN:691 301.
5. SURENDRANATHAN PILLAI,
S/O VELU PILLAI, AGED 57 YEARS, RESIDING AT
SURABHI, KONGAL, PARAVUR P.O., PIN:691 301.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-06-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
OP(C).No. 1479 of 2016 (O)
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1: TRUE COPY OF SCHEME III OF PARAVUR PUTTINGAL
DEVASWOM.
EXHIBIT P2: TRUE COPY OF IA NO.1693/2014 BEFORE THE HONOURABLE
DISTRICT COURT, KOLLAM REMOVING THE EXISTING MANAGING
COMMITTEE.
EXHIBIT P3: TRUE COPY OF IA NO.1703/2014 BEFORE THE HONOURABLE
DISTRICT COURT, KOLLAM FOR THE APPOINTMENT OF AN
ADMINISTRATOR FOR THE SMOOTH ADMINISTRATION OF THE
IST RESPONDENT.
EXHIBIT P4: TRUE COPY OF IA NO.1704/2014 BEFORE THE HONOURABLE
DISTRICT COURT, KOLLAM FOR THE APPOINTMENT OF AN
ADVOCATE COMMISSIONER.
EXHIBIT P5: TRUE COPY OF F.I.R IN THE CRIME NO.838/2016 OF
PARAVUR POLICE STATION.
EXHIBIT P6: TRUE COPY OF IA NO.923/2016 BEFORE THE HONOURABLE
VTH ADDITIONAL DISTRICT COURT, KOLLAM FOR THE
APPOINTMENT OF A RECEIVER.
EXHIBIT P7: TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS
1 TO 5 IN IA NO.923/2016.
RESPONDENT(S)' EXHIBITS:
------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
K.HARILAL, J.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
O.P.(C). No.1479 of 2016
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dated this the 21st day of June, 2016
JUDGMENT
~ ~ ~ ~ ~ The petitioners are the petitioners in I.A. No.923/2016 in O.S.No.129/1956 of the District Court, Kollam. The said suit was filed for settlement of the scheme for the administration/management of Puttingal Bhagavathy Temple in Paravur Village. The District Court framed a scheme in the year 2002 and after framing the scheme, elections were being conducted to the managing committee in accordance with the provisions of the scheme. The election to the managing committee for the period 2013-16 was held on 28.2.2013 and the present managing committee was elected. The respondents 2 to 5 are the present office bearers of the 1st respondent and the term of the managing committee was already over.
2. Consequent on the tragedy occurred recently OP(C).1479/16 :2:
in the temple in connection with Meenabharani festival, most of the managing committee members were arrested and there is nobody to administer the affairs of the 1st respondent. Now the relatives of the respondents 2 to 5 and some of the local people are attempting to usurp the functions of the Managing Committee claiming that that they are the responsible persons to manage the 1st respondent. In the said circumstance, for the preservation and protection of the managing committee of the 1st respondent, the petitioners filed Ext.P6 petition for appointing a Receiver to conduct the administration of the temple. The grievance of the petitioners is that the said application has not been considered so far. Hence the petitioners sought for a direction to the District Court to consider and pass orders on Ext.P6 petition, within a time frame.
2. Heard the learned counsel for the petitioners.
3. Having regard to the gravity of the grievance OP(C).1479/16 :3:
projected in this petition and the urgency of the matter, this Court is inclined to allow this original petition as prayed for. Hence, the District Court, Kollam is directed to consider and pass orders on Ext.P6 at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Since the relief sought for and granted in this original petition is not prejudicial to the interest of the respondents, notice to respondents will stand dispensed with.
This original petition is allowed accordingly.
Sd/-
K. HARILAL, JUDGE okb/21.6