IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 10381 of 2009(O) -------------------------- OS.26/2004 of II ADDL.DISTRICT COURT,ERNAKULAM .................... PETITIONER(S): PETITIONER: --------------------------------------------- K.R.SADANANDAN,S/O.LATE RAMANATHAN, KADAVUKATTUPARAMBIL,VADUTHALA P.O., KOCHI-23. BY ADVS. MR.N.HARIDAS, MR.P.N.SASIDHARAN. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SREEMAL GANAPATHY DEVASTHANAM, VADUTHALA,KOCHI-23. 2. P.P.ANANDA RAO,S/O.P.B.PINBABU, PULIPARAMBIL HOUSE,VADUTHALA P.O., KOCHI-23. 3. M.J.BALACHANDRAN,S/O.LATE JANARDHANAN, MADATHIPARAMBIL HOUSE,NEAR GANAPATHY TEMPLE, SASTHRI ROAD,VADUTHALA,KOCHI-23. 4. COCHIN DEVASWOM BOARD, THRISSUR,REPRESENTED BY ITS SECRETARY. 5. K.R.LAKSHMANAN,S/O.LATE RAMANADHAN, KADAVUKATTUPARAMBIL,VADUTHALA,KOCHI-23. 6. V.D.RAJAN,S/O.LATE DESHARADHAN, VATTATHIPARAMBIL,VADUTHALA,KOCHI-23. R1 TO R3 BY ADV.MR.S.SACHITHANANDA PAI R4 BY ADV.MR.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON 2/07/2009 DELIVERED THE FOLLOWING: Kss WPC.NO.10381/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LIST SHOWING THE CONTROL INSTITUTIONS INCLUDING THE 1ST RESPONDENT DEVASTHANAM UNDER THE 4TH RESPONDENT BOARD. P2: COPY OF O.P.NO.712 OF 2003 FILED BY THE PETITIONER AGAINST RESPONDENTS 4 & 1 HEREIN BEFORE THIS HON'BLE COURT. P3: COPY OF LETTER DTD. NIL ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. P4: COPY OF JUDGMENT DTD. 4/12/2003 IN O.P.NO.712 OF 2003 (1) OF THIS HON'BLE COURT. P5: COPY OF JUDGMENT DTD. 12/01/2004 IN R.P.NO.11 OF 2004 IN O.P.NO.712 OF 2003 OF THIS HON'BLE COURT. P6: COPY OF WRITTEN STATEMENT DTD. 10/06/2005 FILED BY THE PETITIONER IN OS.NO.26 OF 2004 OF THE DISTRICT COURT,ERNAKULAM. P7: COPY OF B DIARY PROCEEDINGS IN O.S.NO.26 OF 2004 OF THE 2ND ADDITIONAL DISTRICT COURT, ERNAKULAM. P8: COPY OF JUDGMENT DTD. 2/12/2004 IN WPC.NO.34641 OF 2004 (Y) OF THIS HON'BLE COURT. P9: COPY OF ORDER NO.E 332/03 DTD. 23/03/2005 ISSUED BY THE 4TH RESPONDENT BOARD TO THE 1ST RESPONDENT DEVASTHANAM. P10: COPY OF DRAFT BYE-LAWS SENT BY THE PETITIONER THROUGH HIS COUNSEL TO THE 4TH RESPONDENT BOARD BY REGISTERED POST. P11: COPY OF ORDER DTD. 18/12/2008 IN I.A.NO.1906 OF 2005 IN O.S.NO.26/2004 OF THE 2ND ADDITIONAL DISTRICT COURT, ERNAKULAM. P12: COPY OF LAWYER NOTICE DTD. 3/3/2009 ISSUED TO THE 4TH RESPONDENT BOARD AT THE INSTANCE OF THE PETITIONER BY REGISTERED POST WITH ACK/DUE. P12(A):COPY OF ACKNOWLEDGEMENT RECEIPT DTD. 4/03/2009 FOR HAVING RECEIVED EXT.P12 LAWYER NOTICE BY THE 4TH RESPONDENT BOARD. Kss ..2/- ...2..... WPC.NO.10381/2009 O RESPONDENT'S EXHIBITS: R1(A): COPY OF THE COUNTER AFFIDAVIT IN I.A. 3145/03 BEFORE THE DISTRICT COURT, ERNAKULAM. R1(B): COPY OF THE ORDER DTD. 25/10/2004 IN I.A.3145/03 OF THE IIND ADDL.DISTRICT COURT, ERNAKULAM. R1(C): COPY OF THE ORDER DTD. 7/12/07 IN I.A.3069/07 IN I.A.473/07. R1(D): COPY OF THE ORDER DTD. 25/11/05 IN WP.12532/05 OF THIS HON'BLE COURT. /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.10381 of 2009 - O --------------------------------- Dated this the 2nd day of July, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P11 order. ii) To issue a writ of mandamus or any other appropriate writ, order or direction declaring that O.S.No.26/2004 pending before the II Additional District Court, Ernakulam filed by respondents 1 to 3 herein is not maintainable in law, since respondents 1 to 3 did not issue any notice to the 4th respondent as provided under Section 124 of the Travancore-Cochin Hindu Religious Institutions Act, 1950. iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent herein to take active and effective steps as submitted and undertaken before the Division Bench of this Honourable Court at the time of Exts.P4 and P5 judgments disposing Ext.P2 Original Petition and the Review Petition.” W.P.(C).No.10381 of 2009 - O 2 2. Petitioner is the second defendant in O.S.No.26/2004 on the file of the II Additional District Court, Ernakulam. Suit was one filed under Section 92 CPC. Petitioner moved an application I.A.No.1906/2005 challenging the maintainability of the suit on two grounds that the suit filed under Section 92 CPC would lie only before the Sub Court, and that no statutory notice had been issued to the Devaswom Board, one of the defendants in the suit, as mandated under Section 124 of the Travancore Cochin Hindu Religious Institution Act, 1950. Learned District Judge after examining the merit of the objections raised found them unsustainable under law and the application moved by the petitioner was dismissed. Correctness of that order is impeached by filing this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. 4. Learned counsel for the petitioner submitted that he is confining to the challenge against maintainability of the suit only on the ground of want of statutory notice to the Devaswom Board which according to the counsel, is fatal to the entertainability of the suit. W.P.(C).No.10381 of 2009 - O 3 5. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to the order impugned, a copy of which is produced as Ext.P11, I find no impropriety or illegality in the order passed by the learned District Judge holding that objections raised by the petitioner to challenge the maintainability of the suit are devoid of any merit. Suit was filed after obtaining leave of the court under Section 92 CPC and that remains unchallenged. Devaswom Board has been impleaded as a proforma party and no relief is claimed against them. The scheme prepared over the temple under the Provisions of Travancore Cochin Hindu Religious Institution Act, 1950 mandated its approval by the Devasom Board. For that reason alone it was made a party to the suit. No relief is claimed against Devaswom Board. Further more, Devaswom Board which is impleaded as defendant in the suit has no objection on the ground it has not received any notice. The writ petition is devoid of any merit and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-