IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 RFA.No. 315 of 2004() --------------------- (AGAINST THE JUDGMENT AND DECREE OF THE SUB COURT, KOCHI, IN O.S.NO.173/97) APPELLANTS/DEFENDANTS 1 TO 5 IN OS.173/97 --------------- 1. A.NATARAJAN SON OF LATE ANDI ACHARI, AGED 61, THACHODATHU HOUSE, PANAYAPPILLY, KOCHI-2. 2. DR.RAMAYYA SON OF LATE ANDI ACHARI, AGED 64, THACHODATHU HOUSE, PANAYAPPILLY, KOCHI-2. 3. RAJENDRAN, SON OF LATE ANDI ACHARI, AGED 59, THACHDATHU HOUSE, PANAYAPPILLY, KOCHI-2. 4. KUMARESHAN SON OF A.RAJAPPAN ACHARI, AGED 44, PULIKKEDATHU PARAMBU, KOCHI-2. 5. N.SANTHOSH, SON OF NATARAJAN, AGED 31, THACHODATHU PARAMBU, PANAYAPPILLY, KOCHI-2. BY ADV. SRI.K.C.CHARLES RESPONDENTS: PLAINTIFFS 1 TO 5 AND 7 & DEFENDANTS ------------------ 1. PONNAMMAL W/O. K.N.NADESAN, AGED 62, RESIDING AT 12/791, PANAYAPPALLY, KOCHI-2. 2. C.MURALI, AGED 36, S/O. CHELLAPPAN ACHARI, RESIDING AT 9/227A, KENPAY LINE, MATTANCHERRY VILLAGE, KOCHI TALUK. 3. BALAKRISHNAN KILIKAR S/O. S.B.KILIKAR, RESIDING AT 8/2163, KILIKAR ROAD, KOCHI-2. RFA.No.315/2004 : 2 : 4. S.PALANI ACHARI, AGED 78, S/O. SIVATHANU ACHARI 12/928, AMBALAPARAMBU, KOCHI-2. 5. V.S.APPU ACHARI, AGED 60, S/O. SUBRA, 8/1422, T.D.EAST ROAD, ELANJIKKAL PARAMBU, KOCHI-2. 6. V.KOLAPPAN ACHARI, AGED 61, S/O. VENKITACHALAM ACHARI 10/252, CHIRATTAPALAM, KOCHI-1. 7. MARIAPPAN ACHARI, SON OF LATE AYYANKUTTY ACHARI, AGED 66, PULIKKEDATHU HOUSE, PANAYAPPALLY, KOCHI-2. 8. MUTHARAMMAN KSHETRA SAMITHI REG.3666/94 PANAYAPPILLY, KOCHI 2, REP.BY ITS SECRETARY, M.DHANAPALAN, S/O.MUTHUSWAMI ACHARI,ELANJIKKAL VEEDU, PANAYAPPILLY, KOCHI - 2. 9. KOCHI TAMIL VISWA BRAHMINS ASSOCIATION, REG.NO.8/1951, MUTHARAMMAN KOVIL, PANAYAPPILLY, KOCHI -2. 10. KOCHIN PANAYAPPILLY SREE DHARMA SASTHA SANGOM, REG.NO.ER.454/94, PANAYAPPILLY, KOCHI -2. 11. PALANI ACHARI, S/O.SIVATHANU ACHARI, 12/928, AMBALAPRAMBU, KOCHI -2. 12. V.S.APPU ACHARI, AGED 60, S/O.SUBRA, 8/1422, T.D.EAST ROAD, ELANJIKKAL PARAMBU, KOCHI - 2. 13. V.KOLAPPAN ACHARI, AGED 61, S/O.VENKITACHALAM ACHARI, 10/252, CHIRATTAPPALAM, KOCHI -1. RFA.No.315/2004 : 2 : 14. M.P.SADANANDAN, AGED 54, S/O.LATE M.PADMANABHAN ACHARY, 8/21, L.G.PAI ROAD, KOCHI - 2. 15. L.RAJU, AGED 60, S/O.KARAPPAN ACHARI, 8/449, SOUTH CHERLAI, KOCHI -2. 16. A.K.SAJITH KUMAR, AGED 40, S/O.R.KESAVANKUTTY NAIR, SRI RAMA, GUJARATHY ROAD, KOCHI - 2. 17. V.DHANARAJ, AGED 44, H.NO.13/465, CHULLIKKAL, KOCHI - 2. 18. M.SHIVADAS, AGED 62, S/O.MADHAVAN, H.NO.9/918, ANAKKATTU PARAMBIL, PANDIKUDY ROAD, KOCHI - 2. 19. BABU, S/O.MINNAN, AGED 45, H.NO.12/243, KOOVAPPADAM, KOCHI - 2. 20. T.N.SAHADEVAN, S/O.NARAYANAN, AGED 55, H.NO.16/419, KURUPPUTHARA HOUSE, KARUVELIPPADY, KOCHI - 5. BY ADV. SRI.R.D.SHENOY THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2008, ALONG WITH RFA.NOS.141 & 142/2005, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- R.F.A.Nos.315 of 2004, 141 & 142 of 2005 ------------------------------- Dated this the 17th March, 2008. J U D G M E N T All these three appeals arise from a common judgment pronounced by the learned Principal Sub Judge, Kochi, in O.S.Nos.173/97, 156/97 and 195/99 respectively. 2. The main issue which arose for consideration in all the three suits from which these appeals arise is whether the Mutharamman temple and its deity belonged to the appellants' family or to the public. 3. The Trial Court dismissed the suit filed by the family members and found that a scheme has to be framed for the management and administration of the temple and its properties. Both sides were directed to file draft schemes before that court within two months. O.S.No.21/2000 was partly decreed declaring that the Mutharamman temple and the properties appurtenant to it belonged to Mutharamman deity and the plaintiffs have the right to worship therein. R.F.A.No.315/2004 etc. 2 4. The learned counsel appearing for the appellants has argued that though the temple originally belong to the family of appellants, they accept the verdict of the trial court to the extent that it is property belonging to the community, and it is to be administered by the members of the community. So, that part of the declaration by the trial court that the property belonged to Mutharamman deity is only to be confirmed. Hence, I do so. Further, the finding of the trial court that a scheme has to be framed for the management and administration of the temple and its properties is also confirmed. So, the appeals are only to be disposed of with the following observations. 5. The learned counsel for the appellants has submitted that a direction may be issued to the trial court to include family members also in the committee to be formed for the administration and management of the temple. The above request appears to be reasonable. While framing the scheme, the Trial Court shall give representation to the family members of the appellants also in the committee to be formed for the management of the temple. The extent of their right in the administration etc. shall be determined by the trial court after hearing the parties. R.F.A.No.315/2004 etc. 3 6. It is admitted by both sides that during the first week of April, 2008, a festival is to be conducted in the temple. Regarding the conduct of the festival, it shall be conducted in the same manner as it was conducted in the last year with the co-operation of the respondents. Regarding any further arrangement for the day today affairs of the management, it is open to any one of the parties to move the trial court for appropriate orders. If such a request is made, the Trial Court shall consider and pass appropriate orders, in accordance with law, pending framing of the scheme. The Trial Court shall also expedite the trial and disposal of the case, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. R.F.A.Nos.315/2004, 141 & 142/2005 are disposed of with the above directions. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- R.F.A.Nos.315/2004, 141/05 & 142/05 J U D G M E N T Dated:17th March, 2008. -------------------------------