IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 OP.No. 12514 of 2001(M) ----------------------- PETITIONERS: ----------- 1. K.N. NARAYANAN NAMBNOODIRI, KATTIMUTTATHU ILLAM, KEEZHKOMBU POST, KOOTHATTUKULAM. 2. P.K.NARAYANAN NAMBOODIRI, -DO- -DO- BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS: ----------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD OFFICE, THIRUVANANTHAPURAM. 2. THE ASST. COMMISSIONER, THRIKKARIYUR GROUP, TRAVANCORE DEVASWOM, THRIKKARIYOOR. BY ADV.SRI D. SREEKUMAR, SC,TRAVANCORE DEVASWOM BOARD SRI.P.GOPAL SRI.C.VIJAYAN, SC, TDB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.12514/2001 APPENDIX PETITIONER'S EXTS: EXT.P1 PHOTOCOPY OF REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO THE IST RESPONDENT. EXT.P2 PHOTOCOPY OF THE ORDER DTD.14/11/95 ISSUED BY THE IST RESPONDENT. EXT.P3 PHOTOCOPY OF THE CERTIFICATE ISSUED BY P.N.NARAYANAN NAMBOODIRI. EXT.P4 PHOTOCOPY OF THE LETTER OF PERMISSION ISSUED BY THE FATHER OF THE 2ND PETITIONER. EXT.P5 PHOTOCOPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION TO THE 2ND PETITIONER. EXT.P6 PHOTOCOPY OF THE REGULATIONS DTD. 22/5/95 ISSUED BY THE IST RESPONDENT. EXT.P7 PHOTOCOPY OF THE LETTER OF REQUEST SENT BY THE IST PETITIONER TO THE PRESIDENT OF THE IST RESPONDENT BOARD. EXT.P8 PHOTOCOPY OF THE LETTER DTD. 26/3/2001 SENT BY THE 2ND PETITIONER TO THE IST RESPONDENT. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- O.P.NO.12514 OF 2001 -------------------------------- Dated this the 18th day of February, 2008 JUDGMENT Raman, J. Petitioners seek for a writ of mandamus directing the respondents to accept and recognize the karaima right of the lst petitioner's family to the Santhi duty of the Pinmattam Vanadurga Temple and also directing the lst respondent to allow Ext.P7 upholding that the 2nd petitioner is the legally adopted son of the lst petitioner. As per interim order the 2nd petitioner was directed to be appointed as Santhi of the Temple and accordingly the Devaswom has appointed him and he is continuing. As regards the 1st prayer sought for, it could be seen that this is purely a civil right which the petitioner will have to establish by adducing evidence both oral and documentary as the case may be, since the karaima right of the petitioners as alleged in the writ petition is disputed by the respondents. Similar is the other relief they prayed for in the writ petition. According to the petitioners, in the namboodiri family, if there are no male members, the son-in-law is treated as member of the family of the father-in-law. Since the relief -2- O.P.No.12514/2001 is based on the custom prevalent in the community that is also a matter, which the petitioner has to establish before the civil court. This writ petition is filed as early as in 2001 and the interim order is still in effect. Hence, the petitioners may approach the civil court and establish their right by filing a civil suit within a period of one month, if they are so advised and the civil court will decide the issue in accordance with law after considering the evidence adduced. If the suit as directed is filed, then the interim order will continue until the disposal of the suit and thereafter subject to the decree that may be passed therein. Original Petition is disposed of as above. Issue emergent copy. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. -3- O.P.No.12514/2001 P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------- O.P.NO.12514 OF 2001 ---------------------------- JUDGMENT 18th February, 2008