IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 22507 of 2009(O) -------------------------- OS.NO.1/1996 OF I ADDL. DISTRICT COURT, KOLLAM. .................... PETITIONERS: --------------------- 1. G.VIJAYANANTHA KURUP, THOTTATHIL VEEDU, (AYIKARAVALLIL),PAIKUZHY, OCHIRA P.O.,KOLLAM. 2. DAMODARAN UNNITHAN, MALAYIN KANDATHINAL THEKKETHIL, ULAVAKAD MURI,MOORANADU P.O. MAVELIKARA. BY ADV. MR.K.P.SREEKUMAR. RESPONDENTS: ------------------------ 1. OCHIRA PARABRAHMA TEMPLE, REPRESENTED BY ITS SECRETARY. 2. K.BARGHAVAN,S/O. KRISHNAN, SECRETARY, COCHIRA PARABRAHMA TEMPLE, RESIDING AT MUTTATHU PRAYAR THEKKU, ALUMPEEDIKA. 3. ARAMBIL SUKUMARAN UNNITHAN, AGED 65, S/O. NEELAKANDAN UNNITHAN, PRESIDENT, OCHIRA PARABRAHMA TEMPLE, RESIDING AT MANGALATHU, VALLIKUNNAM,VALLIKUNNAM P.O. 4. V.SUNIL KUMAR, AGED 51,TREASURER, OCHIRA PARABRAHMA TEMPLE, EDUTHURUTHEL, ALAPPAD, CHERIYAZHEEKKAL P.O. 5. R.BHASKARA KURUP, AGED 76, S/O. RAGHAVA KURUP, EXECUTIVE COMMITTEE MEMBER, OCHIRA PARABRAHMA TEMPLE, RESIDING AT PANAMPLAVIL, THEKKU KOCHUMURI, OCHIRA P.O. W.P.(C). NO.22507/2009-O: 6. V.SADASIVAN, AGED 57,S/O.VASUKUTTY, EXECUTIVE COMMITTEE MEMBER, OCHIRA PARABRAHMA TEMPLE, RESIDING AT KIDASSERIL PUTHEN VEEDU, PRAYAR NORTH P.O. 7. S. MADHAVAN PILLAI, AGED 72, EXECUTIVE COMMITTEE MEMBER, OCHIRA PARABRAHMA TEMPLE, RESIDING AT MENEZHUTHU, VAYANAKATHU,NJAKKANAL P.O. 8. DR.SIVARAMAKRISHNAN PILLAI, MANAGING DIRECTOR, OCHIRA PARABRAHMA SPECIALTY HOSPITAL & RESEARCH CENTRE, OCHIRA. 9. OCHIRA PARABRAHMA SPECIALTY HOSPITAL, OCHIRA,REPRESENTED BY ITS CHAIRMAN. 10. N.R.RAJENDRAN, NADASSERIL HOUSE, THEKKUKOCHUMURI, OCHIRA. 11. S.JAYAPRAKASH,KALARIKKAL, KADATHOOR, K.S.PURAM P.O. 12. C.HARISHANKAR, PADANILATHU, THEKKUKOCHUMURI, OCHIRA. 13. PUSHPADASAN, CHAITHANYA, CHERAVALLY, KAYAMKULAM. 14. ASHOK KUMAR, CHATHAYAM, MADATHIL KARAZHMA P.O. 15. R.SUSHEELAN, ASANTAYYATHU, MADATHIL KARAZHMA P.O. MAVELIKARA. 16. K.R.AJITH KUMAR, RAMA BHAVANAM, MADATHIL KARAZHMA P.O. OCHIRA, KOLLAM. 17. A.SREEDHARAN PILLAI, AGED 61 YEARS, S/O. ACHUTHA PANICKER, MEZHUVELIL HOUSE, KOTTAMPALLI, MADATHIL KARAZHMA P.O. OCHIRA. 18. P.K. MURALEEDHARAN PILLAI, AGED 44, S/O. KRISHNA KURUP, MALAYEECKAL, PADEETTATHIL, PAYIKUZHI, OCHIRA. 19. AMBUJAN, AGED 55 YEARS,S/O.DAMODARAN, PUTHUMANGALATHU VEEDU, ALAPPAD VILLAGE, KARUNAGAPALLY TALUK. W.P.(C). NO.22507/2009-O: 20. GOPALAKRISHNA PILLAI, AGED 60 YEARS, S/O. PARAMESWARAN PILLAI, ASAN PURAYIDATHIL, PAYIKUZHI KARA, OCHIRA. 21. SIVADASAN, AGED 50 YEARS, S/O. PADMANABHAN, KUTTITHARAYIL, KRISHNAPURAM P.O. 22. PRABHAKARAN,AGED 63 YEARS, S/O.KRISHNAN, PUTHUKATTU VEEDU, PAYIKKUZHIKARA, OCHIRA VILLAGE. 23. AJAYAGHOSH, AGED 46 YEARS, S/O. RAMACHANDRAN, CHANNOOR VADAKKATHIL, PRAYAR THEKKU KARA, CLAPPANA VILLAGE. 24. SIVAPRASAD, AGED 49 YEARS, S/O. KUNJU PILLAI, VISAKHAM, THEKKUKOCHUMURI KARA, OCHIRA P.O. KRISHNAPURAM. 25. MOHANAN, ANANDA BHAVAN, NEELIKULAM, K.S.PURAM VILLAGE, KARUNAGAPALLY. 26. C.PRASANNAKUMARI, KOIPURATH HOUSE, VADAKKUMMURI KIZHAKKU TAZHAVA, KARUNAGAPALLY. 27. RAJAN PILLAI, AGED 32, S/O.RAGHAVAN, KALAKKADU KIZHAKKETHIL, KADUVINKAL, VALLIKUNNAM, MAVELIKARA TALUK. 28. PARAMESWARAN NAIR, AGED 62 YEARS, S/O. KUTTAN NAIR, ATHIRTHITHARAYIL, SOUTH MANKUZHY, PALLIKANAKKU, BHARANICKAVU VILLAGE. 29. VENUGOPAL, AGED 65 YEARS,S/O. RAVEENDRAN PILLAI, ANANTHAPURI, KADUVINKAL, VALLIKUNNAM. 30. SIVARAMAN, AGED 57 YEARS, S/O.NARAYANAN, LEKHALAYAM, PAYIKUZHI, OCHIRA. 31. VELAYUDHAN, AGED 67 YEARS,S/O. NARAYANAN, VENUBHAVANAM, PAYIKUZHI, OCHIRA. 32. VIJAYAN, VIJAYA BHAVANAM, PAYIKUZHI, OCHIRA. 33. P.C.CHANDRAN PILLAI ALIAS P.C.BABU, S/O.CHELLAPPAN PILLAI, KUNNEL, PAYIKUZHI, OCHIRA. W.P.(C). NO.22507/2009-O: 34. R.DEEPAK, S/O. RAMAKRISHNA PILLAI, KANDATHIL PARAMBIL, KRISHNAPURAM, OCHIRA. 35. MAHESH, AGED 40 YEARS,S/O. SANKARAN, MAHESH BHAVANAM, MEMANA,OCHIRA. 36. RAGHAVAN, AGED 61 YEARS, S/O. KOCHURAMAN, AISWARYA, MEMANA, OCHIRA. 37. P.VIJAYAN PILLAI, AGED 52, S/O. PARAMESWARAN PILLAI, MULAVELIL, VAYANAKAM, OCHIRA. 38. ACHUTHAN PILLAI BHARGAVAN PILLAI, AGED 78 YEARS,S/O. ACHUTHAN PILLAI, VELIYIL THEKKETHIL, PUTHUPALLY VILLAGE, KAYAMKULAM. R1 TO R4 BY ADVS. MR.N.D.PREMACHANDRAN, MR.D.AJITHKUMAR, SMT.LALIZA.T.Y, R5 & R6 BY ADVS. MR.RAJA VIJAYARAGHAVAN, MR.R.RANJITH, R.11 BY ADV. MR.K.SUBASH CHANDRA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.22507 OF 2009 -------------------------- Dated this the 15th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records of O.S No. 1 of 2006 on the file of the Additional District Court II, Kollam. ii) Issue a writ of mandamus or any other writ, order or direction to the Additional District Court II, Kollam to defer the appointment of the Returning Officer and further direct disposal of O.S No.1 of 2006 fixing a time limit. iii) Issue such writs orders or directions to the court to consider the questions of appointing an administrator by removing the Bharana Samithy. W.P.(C).No.22507 OF 2009 Page numbers iv) Issue such other writs orders and directions which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Petitioners are the plaintiffs in O.S No 1 of 2006 on the file of the 1st Additional District Court, Kollam. The above suit has been filed in a representative capacity to frame a scheme in respect of the administration of a temple namely Parabrahma Temple, Oachira. Pursuant to directions / orders issued from time to time by the trial court as well as by this court a Returning Officer appointed in the suit is now completing the election process for electing a managing committee to the temple. It is practically conceded by both sides that the election of the general assembly consisting of 61 members has already been completed. The election process for electing a management committee of 61 members is also in progress in which it is submitted, 44 members have W.P.(C).No.22507 OF 2009 Page numbers been elected uncontested. The election of the remaining 17 members in tune with the existing bylaws applicable for administration of the temple is now being continued. A series of writ petitions from time to time have been filed by one or the other party while the election process was in progress and so much so, the directions issued by this court earlier for completion of election within a period of three months could not be completed despite the expiry of more than three years. Petitioners have filed this writ petition seeking the aforementioned reliefs invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India at a stage when the Returning Officer appointed by the court expressed his unwillingness to continue in the post on account of some reasons, which are not germane for resolving the disputes presented in the writ petition. However it is now admitted that the Returning Officer, a retired District Judge, has withdrawn his disinclination expressed earlier and W.P.(C).No.22507 OF 2009 Page numbers is now discharging his functions to complete the election process. The court below has also accepted his continuation as the Returning Officer issuing directions for speedy completion of the election process. 3. At the time of hearing the learned counsel for the contesting respondents 1 to 4 has submitted before me that those respondents have no objection in expeditious disposal of the suit, but, the election process already set in motion has to be completed without delay. The learned counsel for the petitioners submitted that even if the election process is completed it could only be a temporary arrangement as once a new scheme is framed a fresh election has to be conducted in accordance with the terms of that scheme. Having heard the counsel on both sides at length, considering the facts and circumstances presented and also the directions issued earlier, especially those issued in the Ext.P5 judgment rendered by W.P.(C).No.22507 OF 2009 Page numbers this court in writ petition No. 33223/2008, I find it imperative and to be most essential that the election process already commenced has to reach its logical conclusion without delay. This court has given specific directions in Ext.P5 judgment with respect to resolving the disputes relating to the 'karas' as to how the Returning Officer has to proceed in conducting the election. Taking note of those directions as well, the Returning Officer, it is submitted, has conducted the election to the General Council of the temple, but, of course, some disputes are canvassed with respect to the manner in which the election was conducted. If at all any of the petitioners has any serious dispute regarding the same he can canvass such complaint before the trial court. If any such application is moved, the court below shall consider it and pass appropriate orders. Whatever that be, as already indicated, the election process which has already been commenced has to be completed without delay so that a democratically elected body comes into the W.P.(C).No.22507 OF 2009 Page numbers administration of the temple for its effective management. So much so, I direct the court below to give appropriate directions / orders to the Returning Officer to complete the election process within a period of one month from the date of receipt of a copy of this judgment. Having regard to the nature of disputes presented and also the submissions made by the counsel on both sides, I direct the court below to proceed with the trial of the suit irrespective of completion of the election process. The court below is directed to include the case in the special list for trial within a period of four weeks from the date of receipt of a copy of this judgment and complete its trial within a further period of three months from that date. While passing decree, it can also pass appropriate orders as to how long the elected body constituted by way of the election process now being continued has to hold office. The direction of the court in that regard I make it clear will supersede whatever be the provisions in the bylaws of the temple. W.P.(C).No.22507 OF 2009 Page numbers 4. Hand over a copy of the judgment to the counsel on both sides and send a copy to the court below forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv