IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 12449 of 2009(O) -------------------------- OS.1/2006 of I ADDL. DISTRICT COURT, KOLLAM .................... PETITIONERS: --------------- 1. R.SUSEELAN, ASANTAYYATH, MADATHIL KARAZHMA, OACHIRA. 2. AJITH KUMAR, RAMA BHAVANAM, MADATHIL KARAZHMA, OACHIRA. 3. S.JAYAPRAKASH, KLARIKKAL, KADATHOOR, K.S.PURAM P.O. BY ADV.MR.K.SUBASH CHANDRA BOSE RESPONDENTS: --------------- 1. N.SADANANDAN, RETURNING OFFICER, OACHIRA PARABRAHMA KSHETHRA BHARANASAMITHI ELECTION, OACHIRA, KOLLAM. 2. ADV. G.MOHANRAJ, ASSISTANT RETURNING OFFICER, OACHIRA PARABRAHMA KSHETHRA BHARANASAMITHI ELECTION, OACHIRA, KOLLAM. 3. ADV. SREEDEVI AMMA, ASSISTANT RETURNING OFFICER, OACHIRA PARABRAHMA KSHETHRA BHARANASAMITHI ELECTION, OACHIRA, KOLLAM. 4. ADV. K.BHARGAVAN, SECRETARY, OACHIRA PARABRAHMA KSHETHRA BHARANASAMITHI. ADV. MR.N.D.PREMACHANDRAN FOR R4 MR.D.AJITHKUMAR FOR R4 MR.LALIZA.T.Y. FOR R4 MR.SAJI VARGHESE KAKKATTUMATTATHIL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.12449 of 2009 - O --------------------------------- Dated this the 6th day of October, 2009 J U D G M E N T Petitioners are the third plaintiff and defendants 14 and 15 in O.S.No.1 of 2006 on the file of the 1st Additional District Court, Kollam. The reliefs claimed in the writ petition are the following: “i) To set aside /quash Ext.P16 and 17 orders in I.A.No.1666 of 2008 and 1673/2008 in O.S.No.1/2006 passed by the 1st Additional District Court, Kollam dated 7.4.2009 and Exhibit P18 notice issued by 1st respondent by issuing a writ of certiorari or any other appropriate writ, direction or order. ii) To issue a direction directing 1st Additional District Court, Kollam to pass reasoned orders in Exts.P10 to P13 and P15 petitions within a time frame fixed by this Honourable Court, and in the meanwhile direct the 1st respondent to keep in abeyance the election to the Pravarthaka Samithi to the Oachira Parabrahma Temple Bharanasamithi. iii) To pass an interim order staying all further proceedings on Exhibit P18 till the disposal of this writ petition.” 2. The above suit has been filed to frame a scheme in respect of the administration of a temple, namely, Parabrahma W.P.(C).No.12449 of 2009 - O 2 Temple, Oachira. Several writ petitions have been filed after the institution of the suit before this Court canvassing one or other disputes touching the affairs of the temple. In W.P.(C).No.22507 of 2009 which was disposed of by this Court by judgment dated 15.9.2009, a time limit has been fixed for completing the election to the administrative committee of the temple and also for disposal of the suit after recording evidence. It is submitted by the learned counsel for the fourth respondent in compliance of the directions given the election process is now over with the election to the office bearers of the committee completed on 5.10.2009. In the present writ petition disputes are canvassed as regards the election conducted over the working committee and the general assembly since4 such objections have been deffered by the court below for consideration after completion of the election process. Two other petitions (Exts.P12 and P13) moved with respect to the conduct of election, it is submitted, are also pending for consideration before the court below awaiting consideration and orders. Whatever that be, while disposing of W.P.(C).No.22507 of 2009 this Court has reserved the right of W.P.(C).No.12449 of 2009 - O 3 the parties to raise their disputes over the election before the trial court and a further direction was also made that the court below shall consider such disputes raised and pass appropriate orders. When such directions are already given, I find no further directions need be passed in the present writ petition. Moreover a time limit has also been fixed in the above writ petition for expeditious trial and passing of appropriate orders making it clear that the elected body now formed can continue subject only to the time limit fixed by the court, since if a scheme is ordered to be framed by the court in the suit, a fresh election may be warranted. Suffice to state that the court below shall consider any objection raised with respect to the election conducted, complying with the directions given in the judgment under the previous writ petition. Subject to the above observation, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-