IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 OP(C).No. 1021 of 2011(O) ------------------------- AS.35/2008 of SUB COURT, VATAKARA OS.155/1992 of MUNSIFF COURT, VATAKARA .................... PETITIONER /ADVOCATE RECEIVER: ------------------------------------------------------- V.P.RAMACHANDRAN(ADVOCATE),AGED 56 YEARS, S/O.NARAYANAN NAIR,VALLIKKAMPOYIL HOUSE, PO KEEZHPPAYYUR(VIA) MEPPAYYUR,KOZHIKODE (RECEIVER IN O.S.NO.155/1992 OF MUNSIFF COURT, VATAKARA). BY ADVS. SRI.C.VATHSALAN, SRI.K.RAKESH ROSHAN, SMT.THUSHARA.V. RESPONDENT(S): --------------------------- 1. EDODIYIL LAKSHMIKUTTY AMMA, D/O.RAMUNNI NAIR, AGED 68 YEARS,SWASTHAM,RESIDING AT JAYAPRABHA HOUSE,NEAR VATAKARA HEAD POST OFFICE, VATAKARA AMSOM,DESOM,VATAKARA TALUK,KOZHIKODE DISTRICT,KERALA STATE - 673 101. 2. EDODIYIL JAYANTHI GOPALAKRISHNAN, D/O.RAMAN NAIR,AGED 30 YEARS,RESIDING AT E.G. HOUSE, NEAR VATAKARA HEAD POST OFFICE,VATAKARA AMSOM, DESOM,KOZHIKODE DISTRICT - 673 101. 3. E.KUNHIKRISHNAN NAIR,KRISHNA NIVAS, VATAKARA BY POWER OF ATTORNEY HOLDER E.CHADRA SEKARAN,KRISHNA VILASOM,RAILWAY STATION ROAD, POST VATAKARA - 673 101. R1 & R2 BY AV. SRI. R.K.MURALEEDHARAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. (Civil) No. 1021 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011. JUDGMENT Petitioner was appointed as receiver in O.S.155 of 1992 before the Munsiff's Court, Vatakara by this court by way of a common order dated 7.8.1995 in C.R.P. 950 of 1995 and other connected C.R.Ps. The petitioner took charge in pursuance to the said order and has submitted the accounts till January, 2011. It is pointed out that a few applications are pending before the learned Munsiff for orders regarding the matter. Petitioner has moved a memo on 15.11.2010 seeking to have himself relieved from the post of receiver due to personal reasons. He pointed out that he was unable to continue his work properly and that he may be excused. He also pointed out that he is finding it difficult to carry on with the affairs of the temple. The copy of the memo so submitted is produced as Ext.P2. O.P.1021/2011. 2 2. Learned counsel for the petitioner submits that the suit was decreed on 2.4.2008 declaring that the management of the temple belongs to the three tharawads and plaintiff has Oorayma right of the temple. Against the decree, two appeals have been preferred as A.S. Nos. 36 of 2008 and 35 of 2008, which are pending consideration before the Sub Court, Vatakara. In the light of the pendency of the appeals, it is submitted that the learned Munsiff is disinclined to consider the memo filed by the petitioner seeking to have the petitioner relieved from the post of receiver. 3. One of the reliefs sought for is either to direct the Munsiff's court, Vatakara or Sub Court, Vatakara, where the appeals are pending, to make suitable arrangements for the management of the temple by relieving the petitioner and by appointing another receiver to look after the affairs of the temple so far carried on by him. 4. The prayer seems to be reasonable. Petitioner has expressed his unwillingness to continue as receiver and O.P.1021/2011. 3 prays that he may be relieved after following the necessary procedures. Accordingly, there will be a direction to Sub Court, Vatakara, where A.S. Nos.35 and 36 of 2008 are pending, to consider the request of the petitioner to relieve him from the post of receiver and appoint a new receiver. The matter shall be considered as expeditiously as possible at any rate within three weeks from today. The memo filed by the petitioner before the Munsiff's court, Vatakara will be retransmitted to Sub court, Vatakara. Send a copy of this judgment to the Munsiff's Court, Vatakara and Sub court, Vatakara forthwith. P. BHAVADASAN, JUDGE sb.