IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 16370 of 2009(O) --------------------------------------- OS.1/2003 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER(S): ---------------------- BALACHANDRAN,S/O.KUNJUKRISHNAN,AGED 63 YEARS, MEKUKKARA VEEDU,AMBALATHARA,POONTHURA.PO, THIRUVANANTHAPURAM. BY ADV. MR.BECHU KURIAN THOMAS, MR.PAUL JACOB (P), MR.ROSHEN.D.ALEXANDER, SMT.INDU SUSAN JACOB, SMT.NISHA JOHN. RESPONDENT(S): ------------------------ 1. C.CHANDRABABU,S/O.CHANDRASEKHARAN, KOCHUPUTHUVAL VEEDU,POONTHURA,THIRUVANANTHAPURAM. 2. CHANDRA MOHANAN,S/O.CHANDRASEKHARAN, KOCHUPUTHUVAL VEEDU,POONTHURA,THIRUVANANTHAPURAM. 3. P.SADANANDAN,TC 48/723,PUTHUVAL PUTHEN VEEDU,POONTHURA,THIRUVANANTHAPURAM. 4. R.SUSEELAN,TC 48/5765,VEDANTHARA VEEDU, POONTHURA,THIRUVANANTHAPURAM. 5. C.CHANDRASENAN,KOCHUPUTHUVAL VEEDU, POONTHURA,THIRUVANANTHAPURAM. 6. B.MAHINDRAN,KOTTAPPURATHU VEEDU, POONTHURA,THIRUVANANTHAPURAM. 7. C.RAVEENDRAN,PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. 8. P.MURUGAN,MEMBER OF PAZHANCHIRA DEVI TAMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. WP(C).No. 16370 of 2009(O) 9. MOHANDAS,JOINT SECRETARY OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. 10. K.RAMESH BABU,TREASURER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. 11. VIKRAMAN,BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. 12. P.VIJAYAN,BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. 13. B.VENU,BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. 14. K.SUDARSANAN,BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA, THIRUVANANTHAPURAM. 15. K.PEETHAMBARAN,BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE,TRUST,PAZHANCHIRA, THIRUVANANTHAPURAM. 16. R.SANAL KUMAR, BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA, THIRUVANANTHAPURAM. 17. M.S.SUNIL,BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA,THIRUVANANTHAPURAM. 18. K.P.KRISHNAN,BOARD OF MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA, THIRUVANANTHAPURAM. 19. S.SUDHAKARAN,BOARD MEMBER OF PAZHANCHIRA DEVI TEMPLE TRUST,PAZHANCHIRA, THIRUVANANTHAPURAM. 20. THE PAZHANCHIRA DEVI KSHETHRAM TRUST, PAZHANCHIRA,THIRUVANANTHAPURAM. R9 BY ADV. MR.G.S.REGHUNATH. R1 TO R5 BY ADV. MR.D.KISHORE . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16370 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BYE-LAWS OF THE TRUST. EXT.P2: COPY OF THE PLAINT IN OS.1/2003 (ORIGINALLY FILED AS O.P. NO. 112/202) ON THE FILES OF DISTRICT COURT, THIRUVANANTHAPURAM. EXT.P3: COPY OF THE JUDGMENT DATED 11/10/2007 IN WP(C) NO. 18852/2007. EXT.P4: COPY OF THE APPLICATION IN I.A.3353/2007 IN O.S.1/2003 BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM FILED BY THE PETITIONER. EXT.P5: COPY OF THE PETITION IN I.A.148/2009 IN O.S.1/2003 ON THE FILES OF THE DISTRICT COURT, THIRUVANANTHAPURAM. EXT.P6: COPY OF THE OBJECTION FILED BY THE RESPONDENTS DATED 06/02/2009. EXT.P7: COPY OF THE B DIARY IN RESPECT OF O.S.1/2003. EXT.P8: COPY OF THE ORDER DATED 10/02/2009 IN I.A.148/2009 AND I.A.3353/2007 IN O.S. NO.1/2003 ON THE FILE OF THE ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.16370 OF 2009 (O) ----------------------------------- Dated this the 19th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following relief: i. to issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P8 order dated 10.2.2009 in I.A.No.3353/2007 and I.A.No.148/2009 in O.S.No.1/2003 on the files of the Additional District Court, Thiruvananthapuram and allow the said application. 2. Petitioner is one among the defendants in O.S.No.1 of 2003 on the file of the Additional District Court, Thiruvananthapuram. The above suit has been filed after obtaining permission under Section 92 of the Code of Civil WPC.16370/09 2 Procedure in respect of administration of a temple 'Pazhanchira Devi Temple' in Thiruvananthapuram, in which removal of the managing committee, settlement of accounts etc. were also urged for. Pursuant to orders passed by the court, an election was conducted to the managing committee to elect the office bearers of the managing committee of the temple under the supervision of an Advocate Commissioner appointed by the court. That election was set aside sustaining the objections canvassed that it has not been properly conducted. A writ petition filed against the order of the District Court setting aside the election before this Court was also turned down by Ext.P3 judgment. The learned District Judge setting aside the election has ordered for conducting a fresh election under the supervision of the Advocate Commissioner. The election conducted thereafter pursuant to orders so passed by the court was also impeached by some of the parties by Ext.P4 petition. There was also another application at the instance of some of the parties for appointment of a receiver to manage the temple. Ext.P5 is that application. The learned District Judge disposed of both WPC.16370/09 3 applications vide Ext.P8 common order. Propriety and correctness of Ext.P8 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the learned counsel on both sides. The main grievance canvassed by the learned counsel for the petitioner is that Ext.P8 order had been passed without affording reasonable opportunity to both sides to address arguments on the merit of Exts.P4 and P5 applications. It is fairly conceded by the other side also that with respect to Ext.P4 application, sufficient opportunity of hearing was not extended to the parties. More than that, it is also brought to my notice that the reasoning given expression to in Ext.P8 order by the learned District Judge that the parties have to file separate suit for the conduct of election to the temple as no such relief thereof is claimed in the suit cannot be sustained, especially, in the light of the previous orders passed over that matter by the trial court as well as this Court as evidenced by Ext.P3 judgment rendered in the previous writ petition. It is also WPC.16370/09 4 noticed that the learned District Judge has expressed the view that interim relief can be granted in the suit only if final reliefs relating to such interim reliefs have been sought for in the suit. It appears that the learned District Judge has lost sight of the fact that the suit has been filed under Section 92 of the Code of Civil Procedure in respect of the reliefs covered by that section in relation to a public trust. Such being the position, whatever interim orders necessary to secure and safeguard the interests of the public trust during the interregnum till the disposal of the suit on merits necessarily and inevitably have to be passed by the court. Previous orders passed by the court for conduct of the election under the supervision of the Advocate Commissioner should have been taken note of by the court in passing appropriate orders on Ext.P4 application on merits after hearing all parties. So far as Ext.P5 application with respect to the appointment of the receiver, I find in Ext.P8 order, no reason is stated why it has been declined. Setting aside Ext.P8 order, I direct the learned District Judge to consider Exts.P4 and P5 applications and dispose them taking note of the observations made above and WPC.16370/09 5 in accordance with law, as expeditiously as possible, after hearing both parties, at any rate, within a period of three months from the date of receipt/production of a copy of this judgment. Writ petition is disposed with the above directions. S.S.SATHEESACHANDRAN JUDGE prp