IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 10570 of 2009(O) ------------------------------------ AGAINST THE ORDER DATED / / IN IA 197/2009 IN OS.173/1997 of PRINCIPAL SUB COURT,KOCHI .................... PETITIONER : ---------------- A.NATARAJAN ,S/O.LATE ANDY ACHARI, AGED 66, THACHODATHU HOUSE, PANAYAPPILLY,KOCHI-2 BY ADV. SRI.K.C.CHARLES RESPONDENTS : ------------------- 1. V.S.APPU ACHARI, AGED 70, S/O.SUBRA 8/1422,T.D. EAST ROAD, ELANJIKKAL PARAMBU, KOCHI-2 2. DR.RAMAYYA, S/O.LATE ANDY ACHARI,AGED 72 THACHODATHU HOUSE, PANAYAPPILLY,KOCHI-2 3. RAJENDRAN, S/O.LATE ANDY ACHARI,AGED 62 THACHODATHU HOUSE, PANAYAPPILLY,KOCHI-2 4. KUMARESAN,S/O.A.RAJAPPAN ACHARI,AGED 50 PULIKKEDATHU PARAMBU, KOCHI-2 5. N.SANTHOSH, S/O.A.NATARAJAN,AGED 35 THACHODATHU HOUSE, PANAYAPPILLY,KOCHI-2 6. MARIAPPAN ACHARI, S/O.LATE AYYAKUTTY ACHARI, AGED 77, PULIKKEDATHU HOUSE PANAYAPPILLY,KOCHI-2 7. MUTHARAMMAN KSHETHRA SAMITHI REG 3666/94 PANAYAPPILLY, KOCHI-2,REP. BY ITS SECRETARY M/.DHANAPALAN, S/O. MUTHUSWAMI ACHARI, ELANJIKKAL VEEDU, PANAYAPPILLY,KOCHI-2 WP(C).No. 10570 of 2009(O) 8. KOCHIN TAMIL VISWA BRAHMINS ASSOCIATION REG. NO. 8 /1951,MUTHARAMMAN KOVIL, PANAYAPPILLY,KOCHI-2 9. KOCHIN PANAYAPPILLY SREE DHARMASASTHA SANGOM, REG. NO. ER 454, 1994, PANAYAPPILLY,KOCHI-2 10. M.P.SADANANDAN, AGED 64, S/O.LATE M.PADMANABHAN ACHARI,8/21 L.G.PAI ROAD KOCHI-2 11. L.RAJU,S/O.KARAPPAN ACHARI, AGED 70 8/449, SOUTH CHERLAI, KOCHI-2 12. A.K.SAJITH KUMAR, AGED 50 S/O. R.KESAVANKUTTY NAIR, SRI RAMA GUJARATHY ROAD, KOCHI-2 13. V.DHANARAJ, AGED 54, H.NO.13/465, CHULLIKKAL, KOCHI-2 14. M.SIVADAS, AGED 72,S/O.MADHAVAN H.NO.9/918, ANAKKATTU PARAMBIL, PANDIKUDI ROAD, KOCHI-2 15. BABU,S/O. MINNAN, AGED 55, H.NO.12/243 KOOVAPPADAM,KOCHI-2 16. T.N.SAHADEVAN, S/O.NARAYANAN,AGED 65 H.NO.16/419., KURUPPUTHARA HOUSE KARUVELIPPADY, KOCHI-5. ADV. SRI.S.VINOD BHAT FOR R1 SRI.A.S.BHAT FOR R6 SMT.V.B.SANTHINI FOR R2,3,4,5,10,11, SMT.V.B.SANTHINI FOR R13 TO 16 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- W.P.(C) No.10570 OF 2009 --------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT The petitioner is the first defendant in O.S.No.173/1997 on the file of the Sub Court, Kochi. The suit was filed for framing a scheme for the administration of Mutharamman Temple. By Ext.P2 order dated 29.01.2009, the court below appointed a five member adhoc committee. As per Ext.P3 order dated 23.03.2009, the court below issued directions specifying the members of the adhoc committee and their powers and responsibilities. Ext.P3 order is under challenge in this Writ Petition. The first respondent in Ext.P3 proceedings (I.A.No.197/2009) is the Writ Petitioner. As per the order impugned, respondents 1 to 3 therein, who were in management at the relevant time, were directed to hand over all the account books, valuables, movables, keys of buildings, temple, hundies etc., list of tenants and details of rent collected to the adhoc committee. Ext.P3 order also shows that Advocate W.P.(C) No.10570 of 2009 2 Sri.Anilkumar was appointed as Advocate Commissioner to prepare a list of all the devaswom ornaments. The Commissioner was also directed to ascertain the weight and purity of the said ornaments. After doing so, the Commissioner was directed to hand over the ornaments to the adhoc committee. 2. At the time when the Writ Petition came up for admission, the following order was passed on 01.04.2009 : “ The learned counsel for the petitioner submits that the petitioner has no objection in implementing Ext.P3 order subject to his contentions in the suit and the Writ Petition and Revision pending before this Court. The apprehension of the petitioner is that if the valuable articles are handed over as directed in Ext.P3, there is a likelihood of further disputes arising as it is likely that the respondents may say that they have not received certain things. The suggestion made by the petitioner is that the order may be implemented in the presence of a Commissioner to be W.P.(C) No.10570 of 2009 3 appointed by the court. Notice before admission to the respondents. The petitioner is permitted to serve notice on the counsel appearing for the respondents in the court below and produce acknowledgment. The operation of Ext.P3 shall be kept in abeyance for a period of one week.” 3. Adv.Sri.S.Vinod Bhat appears for respondent No.1 and Smt.K.P.Santhi appears for respondent Nos.2 to 5, 10, 11 and 13 to 16. The counsel appearing for the respondents have no objection if the Commissioner is already appointed is directed to take charge of the movables, articles and valuables from respondents 1 to 3 in Ext.P3 order. Accordingly, Adv.Sri.Anilkumar, who was appointed by the court below as Commissioner is hereby appointed to take charge of the movables, articles, accounts etc. as mentioned in the order dated 23rd March, 2009 in I.A.No.197/2009 from respondents 1 to 3 therein. The Commissioner shall prepare an inventory of the articles, movables, etc. and W.P.(C) No.10570 of 2009 4 submit the same to the court. The Commissioner shall also file a report before the court below on or before 27.05.2009. The Commissioner shall be paid a batta of Rs.3,000/- by the Writ Petitioner, in addition to the batta already directed to be paid by the first respondent herein. It is made clear that except appointing a Commissioner for the purpose of facilitating the handing over of the articles, no other modification is made to the order dated 23rd March, 2009. The Writ Petition is disposed of as above. K.T.SANKARAN JUDGE pac