IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10659 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 469/80,RR 115 IN OS.26/1965 of SUB COURT, OTTAPPALAM .................... PETITIONER(S): --------------- VIJAYAN, AGED 41 YEARS,S/O.NARAYANAN, KARATH HOUSE,KAVALAPPARA, KARAKKAD AMSOM DESOM, OTTAPPALAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. SATHYANATHANUNNI NAIR, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPPALAM TALUK. 2. GOURI NETHYAR, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD DESOM, KAVALAPPARA, TTTAPPALAM TALUK. 3. RAJENDRANUNNI NHAIR, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPPALAM TALUK. 4. PRATHAPANUNNI NAIR, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPPALAM TALUK. 5. INDIRA, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM,KARAKKAD AMSOM, KAVALAPPARA, OTTAPPALAM TALUK. 6. RAMANI, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM,KARAKKAD AMSOM, KAVALAPPARA, OTTAPALAM TALUK. 7. PRAKASH KUMAR, KAVFALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPALAM TALUK. 8. RAJAN G.NAIR, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPALAM TALUK. 9. VIJAYAN NETHIYAR, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPALAM TALUK. 10. SARALA NETHIYAR, KAVALAPPARA KOTTARAM, ARIOYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPALAM TALUK. 11. RAVINDRANUNNI, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OITTAPALAM TALUK. 12. RUGMANI ALIAS SUBADHRA AMMA, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPPALAM TALUK. 13. VALSALAMMA, KAVALAPPARA KOTTARAM, PALAKKAD. 14. VRINDAKUNHI AMMA, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPALAM TALUK. 15. KADEEJA AMBALAVAYALIL, NALLADAM, KOZHIKODE. 16. THANKAMANI CHERIYAMMA, CHONOTH VEEDU, NALLEPPILLY, CHITTUR TALUK,PALAKKAD DISTRICT. 17. SUMANGALA, KAVALAPPARA KOTTARAM, ARIYO9OR THEKKU7MMURI DESOM,KARAKKAD AMSOM, KAVALAPPARA, OTTAPPALAM TALUK. 18. KAMALAMMA.A.K., KAVALAPPARA KOTTARAM, ARIYOOR THEKKLUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA, OTTAPALAM TALUK.' 19. V IJAYAKUMAR, ANSSA, PADIVATTOM ROAD, KOCHI-24. 20. BALACHANDRAN, BANK LANE, OTTAPPALAM. 21. DAMODARAN NAIR, BANK LANE, OTTAPPALAM. 22. SURENDRANATH, BANK LANE, OTTAPPALAM. 23. GOPIKA.T., BANK LANE, OTTAPPALAM . 24. NANDU G.MENON, 6TH AVENUE, ANNMA NAGAR, CHENNAI. 25. SUBHADHRA MENON, ELAMAKKARA, KOCHI. 26. VIJAYAN, ELAMAKKARA, KOCHI. 27. GEETHA RAMACHANDRAN, ELAMAKKARA, KOCHI. 28. MANORAMA VIJAYAN, SIVASAKTHI, KUNNATHURMEDU, PALAKKAD. 29. JANAKI AMMA, SIVASAKTHI, KUNNATHURMEDU, PALAKKAD. 30. RADHA BALAKRISHNAN, VRINDAVANAM, ATHARI, ALUVA. 31. RAMESH, VRINDAVANHAM, ATHANI, ALUVA. 32. BHASKARAN, VRINDAVANAM, ATHANI, ALUVA. 33. RAKESH, VRINDAVANAM, ATHANI, ALUVA. 34. RAVUNNIKUTTY, ARADHANA, PULASSERY AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 35. UNNIEN HAJI, S/O.ALAVI HAJI, PARAYAN KUNDIL, VALLAPUZHA, OTTAPPALAM. 36. HUSSAIN, PARAYAN KUNDIL, VALLAPUZHA, OTTAPPALAM. 37. T.V.SURESH, S/O.VASU PONNARISSERI, KAVURR VILLAGE, KORATTUKARA DESOM, TRICHUR DISTRICT. 38. MOHANDAS, 176 E, 3RD FLOOR, JANAKI APARTMENTS, RAMALINGAM ROAD,COIMBATORE. 39. ABOOBACKER, S/O.ABDU, PUTHEN VEETTIL, AYYANTHOLE VILLAGE, THRIKUMARAKUDAM. 40. RAMAKRISHNAN, MANAVALASSERI VILLAGE, MUKUNDAPURAM TALUK. 41. KUNHI MOIDEEN, PULAKURISSI, PUTHEN PEEDIYEKKAL, VALLAPUZHA, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 42. HAMSA, THADATHIL HOUSE, KULAPULLY, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 43. ALI ALIAS MUTHU HAJI PARAYAN KUNDIL, VALLAPUZHA, OTTAPPALAM. 44. MOOSA HAJI, VANIAMKULAM AMSOM, PULACHITHRS DESOM, OTTAPPALAM. 45. SUSHAMA JAYAN, ANADHALAYAM, TRIPUNITHURA, ERNAKULAM. 46. BINDU PRAKASH, MANGALYA NAGAR-5, ARUMBAKKAM, CHENNAI. 47. P.SARASWATHY KUNHAMMA, KAVALAPPARA KOTTARAM, ARIYOOR THEKKUMMURI DESOM, KARAKKAD AMSOM, KAVALAPPARA,OTTAPPALAM TALUK. 48. MOHANDAS, 176 E, 3RD FLOOR, JANAKI APARTMENTS, RAMALINGAM ROAD, COIMBATORE. 49. MANOHARAN, W/O.LATE RAMACHANDRANUNNI MANNADIAR, LEELALAYAM, CHERPALACHERI AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 50. MOOKKONATH VALSALA, LEELALAYAM, CHERPALCHERI AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 51. SARATHCHANDRAN, LEELALAYAM, CHERPALCHERI AMSOM, OLTTAPALAM TALUK, PALAKKAD DISTRICT. 52. K.P.MOHAN KUMAR, ADVOCATE RECEIVER IN OS NO.26/65 SUB COURT, OTTAPPALAM. 53. C.DINACHANDRAN, MEMBER, ARYAN KAVU POORAM CELEBRATION COMMITTEE, POORAM COMMITTEE OFFICE, KAVALAPPARA.P.O., OTTAPPALAM TALUK. 54. T.P.RAJAN, MEMBER, ARYAN KAVU POORAM CELEBRATION COMMITTEE, POORNAM COMMITTEE OFFICE, KAVALAPPARA, OTTAPPALAM. 55. O.P.GOVINDANKUTTY, MEMBER, ARYAN KAVU POORAM CELEPRATION COMMITTEE, POORAM COMMITTEE OFFICE, KAVALAPPARA, OTTAPPALAM. 56. AMBIKADEVI, MEMBER, ARYAN KAVU POORAM CELEBRATION COMMITTEE, POORAM COMMITTEE OFFICE, KAVALAPPARA, OTTAPPALAM. 57. RADHAKRISHNAN, PRESIDENT, ARYAN KAVU POORA COMMITTEE, POORAM COMMITTEE OFFICE, KAVALAPPARA, OTTAPPALAM. 58. SIVASANKARAN, SECRETARY, ARYAN KAVU POORA COMMITTEE, POORAM COMMITTEE OFFICE, KAVALAPPARA, OTTAPPALAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.10659 OF 2009 =========================== Dated this the 1st day of April,2009 JUDGMENT This petition is filed under Article 227 of the Constitution of India challenging Ext.P5 order passed by Sub Court, Ottapalam in I.A.913/2009 in O.S.26/1965. That application was filed by the petitioner for permission to conduct niramala in Kavalappara Arankavu temple on pooram day. Case of the petitioner in Ext.P1 application was that for the last six years he was permitted to conduct the niramala and Koothu as offering and when petitioner expressed his willingness to conduct the offering of niramala and koothu this year also he was informed that he could be granted permission only if he is prepared to meet the entire expenses of the festival and he has no capacity to meet the entire expenses and W.P.(C)10659/2009/2009 2 therefore he is to be permitted to conduct the niramala and koothu. 2. The report of the receiver appointed by the court was called for by the trial court. In Ext.P2 report the receiver stated that only one offering of niramala, koothu and kalam pattu can be done on one day and on the pooram day there is no kalam pattu and as per precedents these offerings are regularly done by the same persons or some families and if they express their inability to do the same, then only other persons are allowed to conduct the same and this is being decided by the Pooram Celebration Committee of the respective years. It is also stated that as per an earlier order of the court it was directed that in the event of a vacancy arising to conduct niramala, preference is to be given to the members of the Swaroopam. 3. Respondents 9 and 25 filed objections to Ext.P1 petition. Learned Sub Judge found that W.P.(C)10659/2009/2009 3 petitioner is not a member of the family and not even a party to the final decree proceedings pending before the court. It was found that he has no right to perform niramala or koothu on the pooram day and his only claim was that he was doing it for the last three years and that will not give him any right of precedents. Finding that the Pooram Committee was constituted by the court as per order dated 11.3.2009 and only members of Swaroopa have preferential claim to conduct niramala. Petitioner was directed to approach the Celebration Committee for permission to conduct the niramala. The order is challenged in this appeal. 4. Learned counsel appearing for the petitioner vehemently argued that when petitioner was conducting niramala for the last six years and the receiver has not objected to the granting of permission to the petitioner and when the report of the receiver shows that only when the persons or W.P.(C)10659/2009/2009 4 families who were conducting such offerings earlier express inability it is to be given to others, the learned Sub Judge should have granted permission. Learned counsel also sought permission to serve notice to respondents and the members of the Pooram Celebration Committee by special messenger so that an order could be passed in their presence. 5. On hearing the learned counsel, I do not find any reason to interfere with Ext.P5 order in exercise of the extra ordinary powers of this court under Article 227 of the Constitution of India. The case of the petitioner could have been appreciated if he had a right to conduct niramala. He did not establish any such right. What was claimed in the petition was that he was conducting it for the last six years and therefore he is to be permitted. Even if petitioner was conducting it for six or ten years, it will not arm him with any right to have an exclusive right to conduct the niramala. It is to be born in mind that the suit W.P.(C)10659/2009/2009 5 itself was pending before the court from 1965 onwards and there cannot be a custom or a precedent for the reason of a permission granted for six years prior to the date of filing of the petition. In such circumstance when the court by order dated 11.3.2009 permitted celebration of the pooram by a Committee, it is for the said Committee to decide. I do not find any reason to interfere with Ext.P5 order. Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006