IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND DAY OF DECEMBER 2011/1ST POUSHA 1933 OPC.No. 3505 of 2011 (O) PETITIONER: KERALA OORANMA DEVASWOM BOARD, REP.BY ITS PRESENT PRESIDENT M.N SIVADASAN AGED 50, MULLENEZHI MANA, THUKALASSERY, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADVS.SRI.K.A.MANZOOR ALI, SRI.G.SREEKUMAR (CHELUR). RESPONDENTS: 1 RADHAKRISHNAN NAIR, S/O.R PADMANABHA PILLAI, "ANJALY", THANNERMUKKAM NORTH VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT- 688 001. 2 GODAN P .NAMBOOTHIRIPPAD, S/O.GUPTHAN NAMBOOTHIRIPPAD, PADUTHOLE MANA, PAZHOOR KARA, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK- 686 661 3 TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM- 695 001. O.P.(C).NO.3505/2011-O: 4 SREE CHALI NARAYANAPURAM MAHA KSHETRA BHAKTHAJANA SAMITHI, A 113/09, THANNEERMUKKAM NORTH VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT- 688 001. 5 SREE CHALI NARAYANAPURAM MAHA KSHETRA BHAKTHAJANA SAMITHI A 113/09, THANNEERMUKKAM NORTH VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT, REP.BY ITS PRESIDENT- 688 001. 6 SREE CHALI NARAYANAPURAM MAHA KSHETRA BHAKTHAJANA SAMITHI, A 113/09, THANNEERMUKKAM NORTH VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT REP.BY ITS SECRETARY - 688 001 7 KERALA KSHETHRA SAMRAKSHANA SAMITHY, REP. BY ITS MEGHALA ORGANISER, THANNEERMUKKAM NORTH VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT- 688 001. R3 BY SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, ADV. SRI.P.GOPAL. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2011, ALONG WITH D.B.A. 35/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3505/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE PLAINT IN O.S. NO.6/1999 DTD. 06/09/99 ON THE FILE OF THE DISTRICT COURT, ALAPPUZHA. EXT.P.2: COPY OF THE DOCUMENT EXECUTED BY THE 2ND ADDL. PLAINTIFF DTD. 04/02/2002. EXT.P.3: COPY OF THE NOTICE ALLEGEDLY ISSUED BY THE ADDL. SECOND PLAINTIFF DTD. 19/01/2011. EXT.P.4: COPY OF THE COMMON ORDER PASSED IN I.A. NO. 155/2011 AND I.A. NO. 688/2011 IN O.S. NO. 6/1999 ON THE FILE OF THE ADDL. DISTRICT JUDGE, ALAPPUZHA DTD. 25/08/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. = = = = = = = = = = = = = = = = = = = = = = = = OP(C).No.3505 of 2011 & DBA.No.35 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of December, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.These matters relate to a litigation pending before the Additional District Court, Alappuzha as O.S.No.6 of 1999. In view of the requirement focused in DBA.No.35 of 2011, we are clear in our mind that the said suit has to be taken to its logical end at the earliest. The parties will also be at liberty to seek interim orders therefrom. In this view of the matter, we do not proceed to dismiss DBA.No.35 of 2011, though it is not maintainable, as DBA cannot be filed by a private party in the light of the order dated 24.11.2010 in DBA.No.134 of 2010. 2.As far as O.P.(C).No.3505 of 2011 is concerned, the complaint of the petitioner about the court OPC3505/11 & DBA35/11 -: 2 :- below entertaining an improper power of attorney is left open to be decided in a regular appeal, if any, arising from the original suit. We are unable to entertain the plea of the petitioner in that regard under Article 227 of the Constitution. 3.We are told by the learned counsel for the TDB that as per judgment dated 22.6.2011 in OP(C). No.822 of 2011, this Court had directed the court below to finally dispose of the matter pending at that end before the civil court closes for Christmas vacation, 2011. That is recorded. With the aforesaid, no further orders are called for. These matters are closed in terms of the aforesaid. Thottathil B.Radhakrishnan, Judge. C.T.Ravikumar, Judge. Sha/2412