Kerala High Court
Udiyannoor Shiva Temple Trust vs State Of Kerala on 26 February, 2026
2026:KER:17343
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 34639 OF 2023
PETITIONERS:
1 UDIYANNOOR SHIVA TEMPLE TRUST,
REG: NO. 339/84, REPRESENTED BY ITS SECRETARY,
NALANCHIRA, THIRUVANANTHAPURAM, PIN - 695015.
2 N.B. CHANDRASEKHARAN PANDARATHIL,
PRESIDENT, UDIYANNOOR SHIVA TEMPLE TRUST,
REG: NO. 339/84, NALAMCHIRA, THIRUVANANTHAPURAM,
PIN - 695015.
BY ADV.
SRI.D.AJITHKUMAR
RESPONDENTS:
1 STATE OF KERALA,
REP. BY. SECRETARY TO GOVERNMENT, CO-OPERATIVE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O., PIN - 695014.
3 JOINT REGISTRAR (G),
OFFICE OF THE JOINT (GENERAL) OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA
BHAVAN, 8TH FLOOR, DPI JUNCTION, THYCAUD P.O.,
TRIVANDRUM, PIN - 695014.
2
W.P.(C) No.34639 of 2023
2026:KER:17343
4 ANANTHAPURAM CO-OPERATIVE SOCIETY LTD.,
NO. T.184, REP: BY ITS SECRETARY, VATTIYOORKAVU,
KAITHAMUKKU, THIRUVANANTHAPURAM, PIN - 695024.
5 THE BRANCH MANAGER,
ANANTHAPURAM CO-OPERATIVE SOCIETY LTD.,
NO. T.184, MUTTADA BRANCH, THIRUVANANTHAPURAM,
PIN - 695024.
6 CANARA BANK,
REPRESENTED BY ITS SENIOR MANAGER, NALANCHIRA
BRANCH, THIRUVANANTHAPURAM, PIN - 695015.
7 ADDL.R7:
RANJITH B.,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
NANDANAM, MUKKOLAYKKAL P.O., THIRUVANANTHAPURAM,
PIN - 695044.
8 ADDL.R8:
SUJINDRAKUMAR,
AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME
NOT KNOWN TO THE PETITIONER, PERINGODU HOUSE,
KRA 102, KASHUVARKAL MUKKOLA P.O.,
THIRUVANANTHAPURAM.
9 ADDL.R9:
ARUN CHAND DC.,
AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME
NOT KNOWN TO THE PETITIONER, BSNRA, H 20,
MUKKOLAYKKAL P.O., THIRUVANANTHAPURAM,
PIN - 695043.
10 ADDL.R10:
CHANDRAMOHANAN NAIR,
AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME
NOT KNOWN TO THE PETITIONER, BSNRA H20, THANAL
MUKKOLA P.O., THIRUVANANTHAPURAM, PIN - 695043.
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2026:KER:17343
11 ADDL.R11:
VINOD T.,
AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME
NOT KNOWN TO THE PETITIONER, THIRUVONAM ALUVILA,
KRA 19, NALANCHIRA P.O., THIRUVANANTHAPURAM,
PIN - 695015.
[ADDL.R7 TO ADDL.R11 ARE IMPLEADED AS PER ORDER
DATED 01.10.2024 IN I.A.NO.3/2024 IN W.P.(C) NO.
34639/2023.
BY ADVS.
SMT.SMRUTHI SASIDHARAN
SHRI.M.GOPIKRISHNAN NAMBIAR
SMT.B.SABITHA (DESOM)
SMT.SREEJA SASIDHARAN
SRI.V.P.BRIJESH
SMT.ASWATHY AMBY
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI.JAI MOHAN
SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The 1st petitioner is a public temple trust, and the 2nd petitioner is stated to be the duly elected president of the 1 st petitioner trust. The 1st petitioner is stated to have made a fixed deposit with the 4th respondent Society. The petitioners state that in the meeting of the managing committee on 18.01.2023, a decision was taken to withdraw the fixed deposit originally made with the 4th respondent Society and to deposit the same in the 6th respondent Bank. With that request, Exts.P1 and P2 are stated to have been filed before the 5th respondent. However, the 5th respondent - the Manager of the 4th respondent Society - informed the petitioners through Ext.P3 that, on the basis of certain complaints raised by some other members of the managing committee as regards the proposed transfer of the fixed deposit to the 6th respondent Bank, the 4th respondent Society is not in a position to transfer the afore fixed deposit. The petitioners state that, as directed in Ext.P3, they have complied with the requirements therein by producing the documents along with Ext.P4 letter dated 5 W.P.(C) No.34639 of 2023 2026:KER:17343 30.01.2023 addressed to the 5th respondent herein. Even thereafter, the petitioners complain that the fixed deposit has not been transferred. In such circumstances, the 2nd petitioner has also submitted Ext.P8 to the 2nd respondent herein, pointing out about the afore and requesting a resolution of the dispute, if any, between the petitioners and the other managing committee members. It is in such circumstances that the petitioners have approached this Court, seeking appropriate directions, as also for quashing Ext.P3 communication issued by the 5th respondent herein.
2. I have heard Sri.D.Ajithkumar, the learned counsel for the petitioners, Smt.Smruthi Sasidharan, the learned counsel for respondents 4 and 5, Sri.Jai Mohan, the learned counsel for the 6th respondent, as well as Sri.N.B.Sunil Nath, the learned Government Pleader for respondents 1 to 3. The learned counsel representing additional respondents 7 to 9 had relinquished the vakalath on 10.04.2025, and this has already been recorded by this Court. Though fresh notices were sent to respondents 7 to 9 and duly served on them, there is no 6 W.P.(C) No.34639 of 2023 2026:KER:17343 appearance from the side of respondents 7 to 9 or respondents 10 and 11.
3. I have considered the rival submissions as well as the connected records.
4. The learned counsel for respondents 4 and 5 brought to the notice of this Court the complaints filed by the managing committee members as Ext.R4(a) and R4(b). From a perusal of Exts.R4(a) and R4(b), this Court notices that the complaint as regards the transfer of the fixed deposit as sought for by the petitioners herein were raised by none other than additional respondents 7 to 11. However, there is no representation for the party respondents in spite of service of notice.
5. In such circumstances, I am of the opinion that there is no impediment in allowing the request made by the petitioners especially when it is not in dispute that the fixed deposit is in the name of the 1st petitioner herein.
In such circumstances, this writ petition would stand allowed, directing respondents 4 and 5 to accept the request 7 W.P.(C) No.34639 of 2023 2026:KER:17343 made as per Exts.P1 and P2 for the transfer of the fixed deposit by the petitioners and act accordingly, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment.
Sd/-
HARISANKAR V. MENON JUDGE anm 8 W.P.(C) No.34639 of 2023 2026:KER:17343 APPENDIX OF WP(C) NO. 34639 OF 2023 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 7/12/2022 ISSUED BY THE PETITIONERS TO THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER DATED 29/12/2022 ISSUED TO THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 5/1/2023 ISSUED BY 5TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE LETTER DATED 30/1/2023 GIVEN BY THE 2ND PETITIONER TO THE 5TH RESPONDENT ALONG WITH DOCUMENTS.
Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT DATED 2/5/2023.
Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT DATED 2/5/2023.
Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 24/6/2023.
Exhibit P8 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P9 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT AS LETTER NO. RCS/5790/2023-MT(2) DATED 26/6/2023.
Exhibit P10 TRUE COPY OF THE COMMUNICATION ISSUED BY 1ST RESPONDENT TO THE 2ND PETITIONER DATED 7/7/2023.
Exhibit P11 TRUE COPY OF THE DECISION TAKEN BY THE COMMITTEE MEMBERS FOR FORMING A TRUST DATED 05.06.2024.
Exhibit P12 TRUE COPY OF THE LIST OF MEMBERS OF THE TRUST COMMITTEE PRESENT ON 09.06.2024 DATED 09.06.2024.
9W.P.(C) No.34639 of 2023
2026:KER:17343 Exhibit P13 TRUE COPY OF THE AGENDA AND MINUTES OF MEETING CONDUCTED BY THE GOVERNING BODY DATED 09.06.2024.
RESPONDENTS' EXHIBITS EXHIBIT R4(a) A TRUE COPY OF THE LETTER FROM THE COMMITTEE MEMBERS DATED 17/06/2022. EXHIBIT R4(b) A TRUE COPY OF THE LETTER FROM THE COMMITTEE MEMBERS DATED 03/06/2024.