IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 FAO.No. 320 of 2007() ------------------------------ AGAINST THE ORDER DATED 21/07/2006 IN IA.2300/06,2324/06 IN OS.8/2004 of ADDL.DISTRICT COURT, THRISSUR .................... APPELLANT/PETITIONER/PLAINTIFF: ------------------------------------------------ NEDUMPILLY THARANANELLUR TRUST ESTATE, REPRESENTED BY MANAGING TRUSTEE, PRADEEP- NAMBOODIRIPAD, NEDUMPILLY THARANANELLUR ILLAM, KARALAM VILLAGE, KIZHTHANI DESOM. BY ADV. SRI.C.K.VIDYASAGAR SRI.T.I.ABDUL SALAM RESPONDENTS: RESPONDENTS/DEFENDANTS: ---------------------------------------------------------------- 1. PAYAMMAL SREE SATHRUGNASWAMY, KSHETHRA SEVA SAMITHY, REPRESENTED BY SECRETARY, SULESH SUBRAMANIAN, PAYAMMAL DESOM, POOMANGALAM VILLAGE. 2. A.V. DILLAN, PRESIDENT, PAYAMMAL, SREE SATHRUGNASWAMY KSHETHRA SEVA SAMITHY, ANDOKODU VEEDU, -DO-. 3. P.N. SURESH, TREASURER -DO-. 4. AKKITHAN INCHIPULIKATTIL, SECRETARY -DO-. 5. SANKARA NARAYANAN, ANDIKKODU, PRESIDENT -DO-. 6. RAJAN CHEMOTTIPARAMBIL, TREASURER -DO-. BY ADV. SRI.U.O.JOSE THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = F.A.O. NO.320 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008 J U D G M E N T -------------------- This appeal is filed by the plaintiff in O.S. No.8 of 2004 on the file of the First Additional District Court, Thrissur challenging the order passed by the learned District Judge by which the learned Judge allowed the Elected Committee which is in management of the day to day affairs of Payammal Sathrugnaswamy Temple (hereinafter referred to as “the Temple”) to continue to manage the affairs of the Temple till the disposal of the suit. 2. I have heard arguments raised on both sides. According to me instead of fighting each other this is a fit case in which the parties should make sincere and earnest effort to settle the matter. So to create a cordial atmosphere, I am of the view that the appeal itself can be disposed of making a purely temporary arrangement till the disposal of the suit. I am of the considered opinion that it is only just and proper that a person who is competent and aware of the ]F.A.O. NO.320 OF 2007 -: 2 :- affairs of the temple from the Plaintiff Trust is appointed as the Devaswom Manager or Executive Officer until a final decision is taken in the suit. He shall be paid a monthly remuneration of Rs.2,000/-. It is made clear that he will be working under the Elected Committee. The Committee can incur an expenditure of Rs.15,000/- for meeting the day to day affairs of the Temple. In case any urgent need arises, the Committee can spend upto Rs.25,000/- a day and they shall get ratification of the same from the court below. The Elected committee shall not incur any expenditure of substantial nature which may need more than Rs.25,000/- without the permission of the court below. I make it clear that this is only a temporary arrangement till the disposal of the suit. Whenever the Committee takes a decision on any matter, a copy of the said decision shall be given to the plaintiff Trust also under proper acknowledgment. Copy of the accounts shall also be given to the plaintiff Trust. In the result, the FAO is disposed of in the above terms. There will be a direction to the District Court, Thrissur also to make an effort to settle the dispute between the parties. ]F.A.O. NO.320 OF 2007 -: 3 :- There will be a further direction to the First Additional District Court, Thrissur, to dispose of the suit as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008