IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4252 of 2008(F) ------------------------- AGAINST THE ORDER IN IA 104/08 IN OS.63/1989 of MUNI-MAGI.COURT,PATTAMBI .................... PETITIONER: -------------------- KUNHISEEDIKOYA THANGAL, S/O.KUNHIKOYA THAGAL, ODAMBULI PONMANI CHINTAKATHU, ITTONAM, CHATHANNUR POST, PALAKKAD 679 537. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENTS: ------------------------- 1. ATTA BEEVI,D/O. SYED HUSSAIN @ KUNHIKOYA THANGAL, ODAMBULI PONMANI CHINTAKATHU, PERINKANNOOR AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. HYDROSE KOYA THANGAL ODAMBULI PONMANI CHITAKATHU,..DO..DO... 3. KUNHIKOYA THANGAL, ....DO..DO... BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.4252 OF 2008 ===================== Dated this the 5th day of February 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff- Magistrate Court, Pattambi in I.A.No.104 of 2008 in O.S.No.63 of 1989. By the said order, the learned Munsiff has appointed a Commissioner and has directed him on the conclusion of the festival(nercha) to count the amount available in the hundi in the presence of both parties or their representatives and the total sum entrusted to the respondent therein on obtaining the receipt from him. Further, the Commissioner has to look into the fact that if there is any other valuable materials received as offering other than appam and pattu, those materials also be received and counted. There is also a direction to auction the same in public and the amount be handed over. Now the main contention raised by the learned counsel for the petitioner before me is that a lamp is permanently lighted in the jaram and food is also provided for the worshipers, who come there and it is for the said purpose devotees are offering rice as well as oil and therefore if it is ordered to be auctioned, it will affect the religious sentiments of a section WP(C) 4252/2008 -:2:- of people and therefore at least those items to be saved from public auction. Whatever it is, the order of the learned Munsiff itself makes it crystal clear that the amount received from the hundi to be entrusted to the petitioner for the purpose of running the jaram. So to give respect to the sentiments, I feel that the rice and oil received as donation on the date of the festival, viz., nercha be quantified and entrusted to the petitioner as such. The Commissioner may report about the quantum so received and ascertain the market value on that date and give the value of the same that has been entrusted to the petitioner. With respect to the other items received, the Commissioner may proceed as directed by the court below. With these observations, the writ petition is disposed of. M.N.KRISHNAN, JUDGE Cdp/-