Kerala High Court
Divakaran Aged 88 Years vs Muthalasseril Sree Durga Bhadra ...
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937
OP(C).No. 2185 of 2015 (O)
---------------------------
AGAINST THE ORDER/JUDGMENT IN OS 461/2014 of MUNSIFF COURT,
KARUNAGAPPALLY
-------------------------------
PETITIONER(S):
--------------------------
DIVAKARAN AGED 88 YEARS, S/O.KANNAMBALLI THARAYIL
KRISHNAN,
MUTHALASSERI, ADIANDU THEKKUMURI, KOLLAM DISTRICT.
BY ADVS.SRI.V.PHILIP MATHEW
SRI.N.K.THANKACHAN
RESPONDENT(S):
----------------------------
1. MUTHALASSERIL SREE DURGA BHADRA BHAGAVATHY
KSHETHRAM, EDAKULANGARA P.O, PULIYOOR VANCHI THEEKU
MURI,THODIYOOR VILLAGE, KARUNAGAPPALLYTALUK,
KOLLAM DISTRICT - 690 523.
REPRESENTED BY RECEIVER.
2. SIVANANDAN, AGED 67, S/O.KUNJIRAMAN,
(CLAIMING TO BE PRESIDENT OF THE TEMPLE TRUST)
PULIYOOR VANCHI PADINJARU MURI, THODIYOOR,
KARUNAGAPPALLY,KOLLAM DISTRICT-690523.
3. RAJENDRAN, AGED 50, S/O.KUNJUPANICKER
(CLAIMING TO BE SECRETARY OF THE TEMPLE TRUST)
THUNDIL HOUSE, THODIYOOR MURI,
KARUNAGAPPALLY,KOLLAM DISTRICT-690523.
4. THULASEEDHARAN, AGED 54, S/O.SREEDHARAN,
(CLAIMING TO BE VICE PRESIDENT OF THE TEMPLE TRUST)
ARYABHAVANATHU, KALLELIBHAGOM MURI,
KARUNAGAPPALLY,KOLLAM DISTRICT-690523.
5. PRASAD, AGED 54, S/O.DIVAKARAN, AZAD BHAVAN
ADINADU THEKKUMURI, KOLLAM DISTRICT
(RECEIVER, MUTHALASSERIL SREE DURGA BHADRA
BHAGAVATHY KSHETRAM, EDAKULANGARA P.O., PULIYOOR
VANCHI THEEKU MURI, THODIYOOR VILLAGE,
KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT-690523.
OP(C).No. 2185 of 2015 (O)
6. ADVOCATE P.K.PRABHAKARAN, FORMER OFFICIAL RECEIVER
MUTHALASSERIL SREE DURGA BHADRA BHAGAVATHY KSHETRAM
EDAKULANGARA P.O., PULIYOOR VANCHI THEEKU MURI,
THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT-690523.
RESIDING AT:AMBALAPPATTU HOUSE, PADANORTH,
KARUNAGAPPALLY, KOLLAM
BY ADV. SRI.V..PHILIP MATHEW (CAVEATOR)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2015, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2185 of 2015 (O)
APPENDIX
PETITIONER'S EXHIBITS:-
----------------------------------
EXHIBIT-P1- COPY OF THE ORDER DATED 09.01.2015 IN I.A.NO.2059/14 &
I.A.NO.2248/14 IN O.S.NO.461/2014.
EXHIBIT-P2- COPY OF THE MEMO FILED BY THE RECEIVER.
EXHIBIT-P3-COPY OF THE ORDER DATED 29.01.2015 IN O.S.NO.461/2014
EXHIBIT-P4-COPY OF THE ORDER DARED 13.02.2015.
EXHIBIT-P5-COPY OF THE JUDGMENT DATED 12.08.2015 IS CONTEMPT CASE
NO.242/15.
EXHIBIT-P6-COPY OF I.A.NO.1059/2015 IN O.S.NO.461/2014 BEFORE THE MUNSIFF
COURT, KARUNAGAPPALLY
EXHIBIT-P7-COPY OF I.A.NO.1880/2015 TO HAND OVER RECORDS, KEYS AND ASSETS
TO THE 5TH RESPONDENT.
RESPONDENT''S EXHIBITS: NIL
----------------------------------
R.AV //TRUE COPY//
PATO JUDGE
K.ABRAHAM MATHEW, J
------------------------------------
O.P.(C)NO.2185 OF 2015
------------------------------------
Dated this the 10th day of September, 2015
J U D G M E N T
~~~~~~~~~ Petitioner is the second defendant in O.S.No.461 of 2014 on the file of the Munsiff, Karunagappally. It is alleged that the 6th respondent who was appointed receiver of the properties of the temple was removed consequent on the passing of Ext.P5 judgment by this court and in his place the 5th respondent has been appointed receiver. It is further alleged that the 6th respondent has refused to handover charge to the 5th respondent and this has affected poojas and other ceremonies of the temple.
2. Heard the learned counsel for the petitioner.
3. If the 5th respondent has been appointed receiver and the 6th respondent has refused to handover charge, the Munsiff shall allow the 5th respondent to assume charge forthwith. The 6th respondent will be liable to submit his accounts and handover the keys and other articles in his custody to the 5th respondent, which shall be ensured by the Munsiff. The Registry will communicate this O.P.(C)NO.2185 OF 2015 2 judgment to the Munsiff, Karunagappally.
The O.P. is disposed of.
sd/-
K. ABRAHAM MATHEW JUDGE R.AV H/o.
//True Copy// PA to Judge