IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 AS.No. 745 of 1995(D) --------------------- (OS.533/1990 of PRINCIPAL SUB COURT,PARAVUR) .................... APPELLANTS/PLAINTIFFS: -------------------------------------- 1. KERALA KSHETHRA SAMRAKSHANA SAMITHY, KOZHIKODE, REG. NO.142/77 REPRESENTED BY GENERAL SECRETARY, PUTHIYARA, KOZHIKODE-4. 2. BALACHANDRAN NAIR, S/O.KUMARA MENON, ATHIKKAPPILLI HOUSE, KARIPPASSERI KARA, PARAKADAVU VILLAGE, ALUVA TALUK. 3. RAMAN NAIR, ANANTHIRAVAN OF GOVINDAN NAIR, CHOONDANI HOUSE, KARIPPASSERI MURI, PARAKADAVU VILLAGE, ALUVA TALUK. 4. V.G.BALAKRISHNAN @ BALAKRISHNAN NAIR, ANANTHIRAVAN OF GOPALAN NAIR, VYMELI HOUSE, KARIPPASSERI MURI, PARAKADAVU VILLAGE, ALUVA TALUK. BY ADVS. SRI.P.R.VENKETESH SRI.K.R.BALASUBRAMANIAN RESPONDENTS/DEFENDANTS: ------------------------------------------- 1. C.K.CHANDRASEKHARAN NAIR, MANAKAD HOUSE, P.O. KOOVAPADI, (VIA) PERUMBAVOOR. 2. C.K.PRABHAKARAN NAIR, THIRUKALLIL HOUSE, P.O. KUNNUKARA, (VIA) CHENGAMANAD. 3. THANKAPPAN @ PARAMESWARAN NAIR, NJANGELIL HOUSE, THIRUVALLOOR, KOTTAPPURAM. 4. NARAYANAN NAIR, GOVT. EMPLOYEE, ANANTHIRAVAN OF KRISHNAN NAIR, CHANDRATHIL HOUSE, VAYALU KARA, AYROOR PAKUTHY, PARAVOOR TALUK. AS.No. 745 of 1995(D) ------------------------------- 5. PANKAJAKSHY AMMA, D/O.JANAKI AMMA, CHANDRATHIL HOUSE, VAYALU KARA, AYROOR PAKUTHY, PARAVOOR TALUK. 6. SARASWATHY AMMA, D/O.JANAKI AMMA, OF DO. DO. 7. RATNAMMA, D/O.KALYANI AMMA, OF DO. DO. 8. RAVEENDRAN NAIR, ANANTHIRAVAN OF CHANDRASEKHARAN NAIR OF DO. DO. 9. SASIDHARAN NAIR, ANANTHIRAVAN OF CHANDRASEKHARAN NAIR OF DO. DO. 10. RAGHAVAN NAIR @ RAGHU OF, DO. DO. 11. GOWRI AMMA D/O.KARTHIYAYANI AMMA CHANDRATHIL HOUSE, KARIPPASSERI MURI, PARAKADAVU VILLAGE, ALUVA TALUK. 12. C.K.PADMANABHAN NAIR, R.K.GHOSHAL ROAD, KASBA, CALCUTTA. 13. ANANTHAN NAIR, C/O.C.K.PADMANABHAN NAIR, 34, R.K.GHOSHAL ROAD, KASBA, CALCUTTA 700042. 14. RAMAKRISHNAN NAIR @ C.V.RAMAKRISHNAN ANANTHARIVAN OF CHANDRASEKHARAN NAIR, CHANDRATHIL HOUSE, KARIPPASSERI MURI, PARAKADAVU VILLAGE, ALUVA TALUK. 15. CHANDRA BABU, OF DO. DO. 16. AMMINI MMA RAVEENDRAN NAIR, PURAVARIKAL HOUSE, P.O. NAYATHODE, (VIA) ANGAMALI. 17. PONNAMMA AMBUJAKSHAN NAIR, MOOKANNOOR PANCHAYAT OFFICE, P.O.MOOKANNOOR, (VIA) ANGAMALI. 18. PADMINI AMMA, C/O.C.K.PADMANABHAN NAIR, 34, R.K.GHOSHAL ROAD, KASBA, CALCUTTA 42., * 19. V.S.RAMAN NAIR, CHALAKAL HOUSE, PULIYANAM P.O., ANGAMALI - (DELETED) 20. V.S.CHANDRAN NAIR, KOZHIPILLIL HOUSE, P.O. PARAKADAVU, (VIA) KURUMASSERI. 21. NARAYANI AMMA, VYMELI HOUSE, KUNNAPPILLISSERI KARA, P.O. PULIYANAM, (VIA) ANGAMALI. AS.No. 745 of 1995(D) ------------------------------ 22. KARTHIYAYAI AMMA @ THANKAMMA, D/O.NARAYANI AMMA, VYMELI HOUSE, KUNNAPILLISSERI KAA, ALUVA TALUK. 23. GOPALAKRISHNAN NAIR, ANANTHIRAVAN OF RAMAN NAIR, VYMLI HOUSE, KUNNAPILLISSERI KARA, PARAKADAVU VILLAGE, ALUVA TALUK. 24. SURENDRAN NAIR, ANANTHIRAVAN OF GOPALAKRISHNAN NAIR, OF DO. DO. 25. ANIL KUMAR, ANANTHIRAVAN OF GOPALAKRISHNAN NAIR, OF DO. DO. * 26. RUGMINI AMMA, D/O.NARAYANI AMMA, VYMELI HOUSE OF DO. DO. - DIED LR'S IMPLEADED 27. PARVATHIAMMA, D/O.KOCHUKUTTY AMMA, OF DO. DO. 28. THANKAPPAN NAIR, ANANHIRAVAN OF RAMAN NAIR, OF DO. DO. 29. PARAMESWARAN NAIR, ANANTHIRAVAN OF RAMAN NAIR, OF DO. DO. 30. RAVI @ PRABHAKARAN NAIR, RAVI'S HOTEL, VATTAPARAMBU P.O., KURUMASSERI. 31. ARAVINDAKSHAN NAIR, ANANTHIRAVAN OF RAMAN NAIR, VYMELI HOUSE, PARAKADAVU VILLAGE, ALUVA TALUK. 32. SURENDRAN NAIR, ANANTHIRAVAN OF GOPALAKRISHNAN NAIR OF DO. DO. 33. NARAYANAN NAIR, ANANTHIRAVAN OF GOPALAKRISHNAN NAIR, OF DO. DO. 34. SREEDEVI, D/O.LAKSHMI AMMA, OF DO. DO. 35. ACHUTHAN NAIR, ANANTHIRAVAN OF NARAYANAN NAIR, OF DO. DO. 36. V.N.SANKARAN, S B I BRANCH , MALAPARAMBU, KOZHIKODE. 37. LAKSHMI AMMA PRABHAKARAN NAIR , PURAPPILLIL HOUSE, SOUTH ADUVASSERI P.O., (VIA) CHENGAMANAD. 38. RAMACHANDRAN NAIR, ANANTHIRAVAN OF ACHUTHAN NAIR, OF DO. DO. AS.No. 745 of 1995(D) ------------------------------- 39. RAMAKRISHNAN NAIR, ANANTHIRAVAN OF ACHUTHAN NAIR OF DO. DO. 40. SARADAMMA, D/O.DEVAKI AMMA, DO. DO. 41. AMMINI AMMA SIVANKUTTY, THONNOOR HOUSE, CHELAMATTOM P.O. OKKAL, VIA, PERUMBAVOOR. 42. JAYASREE MURALEEDHARAN, MEYKATT HOUSE, POOVATHSSERI P.O., VIA ANNAMANADA. * 43. SANTHI, D/O.SARADAMMA OF DO. DO. - (DELETED) 44. VASUDEVAN NAIR, ANANTHIRAVAN OF KRISHNA PILLAI, VYMELI HOUSE, PARAKADAVU VILLAGE, ALUVA TALUK. * 45. NARAYANAN NAIR, ANANTHIRAVAN OF SANKARAN NAIR, VYMELI HOUSE, KARIPPASSERI MURI, PARAKADAVU VILLAGE, ALUAVA TALUK, RESIDING AT PULIKAL HOUSE, THRIKARIYOOR KARA, THRIKARIYOOR VILLAGE, KOTHAMANGALAM TALUK (DELETED) * 46. M.S.DIVAKARAN NAIR, ANANTHIRAVAN OF VELAYUDHAN PILLAI, MULAVARIKAL HOUSE, PUTHENVELIKKARA MURI, PUTHENVELIKARA PAKUTHY, PARAVOOR TALUK, RESIDING AT THURUTHUMMAL HOUSE, KARIPPASSERI KARA, PARAKADAVU VILLAGE,, ALUVA TALUK, PRESIDENT, KARIPPASSERI CHETTIKULAM N.S.S. KARAYOGAM NO.3740. 47. U.P.NARAYANAN KUTTY NAIR, S/O.LAKSHMI AMMA, UNNIYAMPURATH HOUSE, KUNNAPILLISSERI MURI, RESIDING AT VYMELI HOUSE, KARIPPASSERI KARA, PARAKKADAVU VILLAGE, ALUVA TALUK, SECRETARY, KARIPPASSERI CHETTIKULAM, N.S.S. KARAYOGAM NO.3740. 48. GOPALAKRISHNAN NAIR, ANANTHIRAVAN OF NEELAKANTAN NAIR, PERUMPILLI HOUSE, CHETTIKULAM KARA OF DO. DO. 49. JANAKI AMMA, D/O.DEVAKI AMMA, PERUMPILLIL HOUSE, OF DO. DO. 50. V.PADMANABHAN NAIR, S/O. GOPALAN NAIR,VYMELI VEEDU, KARIPPUSSERI KARA, ALUKKADU VEETTIL, NADAMA VILLAGE, MUKUNDAPURAM TALUK. AS.No. 745 of 1995(D) ------------------------------- * IT IS RECORDED THAT THE 26th RESPONDENT DIED AND THE RESPONDENTS 32 TO 34 ALLREADY IN THE PARTY ARRAY ARE LEGAL REPRESENTATIVES OF THE DECEASED 26th RESPONDENT AS PER ORDER ON CMP 3359/98 DATED 25.6.98. * IT IS RECORDED THAT 43rd RESPONDENT DIED AND NAME OF THE 43rd RESPONDENT IS DELETED FROM THE PARTY ARRAY AND NO LR'S NEED BE IMPLEADED AS PER ORDER ON CMP 1770/98 DATED 18.6.98. * 19th & 45th RESPONDENTS ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 1.10.96 ON CMP 3536/96. IT IS RECORDED THAT 46TH RESPONDENT DIED AND NAME OF THE DECEASED 46TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AND HIS L.R.'S NEED NOT BE IMPLEADED AS PER ORDER ON CMP.3358/998 DATED 18.6.98. BY ADVS. SRI. K.N.NARAYANA PILLAI, SRI .B.JAYASANKAR, SRI.V.DEVAN THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 21/12/2010, ALONG WITH AS NO. 781 OF 1997 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK M.N.KRISHNAN, J ===================== A.S. Nos.745/1995 &781/1997 ===================== Dated this the 21st day of December 2010 JUDGMENT A.S.No.745 of 1995 is preferred against the judgment and decree in O.S.No.533 of 1990 and A.S.No.781 of 1997 is preferred against the judgment and decree in O.S.No.461 of 1991 of the Prl.Sub Court, N.Paravur. O.S.No.533 of 1990 is for framing a scheme for the administration of the Karippakavu temple and for removing defendants 46 and 47 from the administration of the temple. O.S.No.461/1991 is a suit for declaration and consequential injunction and the prayer is that there should be a declaration that Document No.2311/1990 of Chengamanad Sub Registry is null and void and defendants are to be restrained from alienating the plaint schedule properties and handing over possession of the properties to strangers and trespassing into the plaint schedule AS 745/95 & 781/97 -:2:- properties. 2. The trial court on a consideration of the materials had decreed the suit O.S.No.461/1991 and dismissed the suit O.S.No.533 of 1990. It is challenging these decisions, the appeals have been preferred. 3. The first plaintiff in O.S.No.533 of 1990 is the Kerala Kshethra Samrakshana Samithy. The 4th plaintiff is a beneficiary. Plaintiffs 2 and 3 are two other members not belonging to the family. Large number of questions were raised for consideration and the trial court dismissed O.S.533 of 1990 holding that the person who had signed the plaint is not competent to sign and that the temple is a private temple and on the basis of these main findings refused to entertain the suit and dismissed the suit for framing a scheme. Now the temple in question is a very old temple. The bone of contention is that the temple is ancient in nature and only the right of Oorayma had been given to the family and therefore the temple retains AS 745/95 & 781/97 -:3:- the character of an ancient public temple and therefore all are entitled to have a say in the matter. 4. On the contra, the family would contend that they are the owners of the temple and they are administering the temple and therefore the suit cannot be entertained. Similarly, it is also contended in the other suit regarding the declaration of the document to be declared as null and void and the said judgment can stand which shall not affect the right of the plaintiffs in O.S.No.533 of 1990 to prosecute that matter in accordance with law. 5. I find after reading the judgment that the matter has not been considered in the manner in which it is to be considered and there are also some observations and quotations which may not be relevant for the purpose of the decision in the suits and therefore it is desirable that after hearing both the parties the matter is remanded back to the trial court for consideration of the suit O.S.No.533 of 1990 on AS 745/95 & 781/97 -:4:- the following lines, viz., (1) whether the persons who had signed the plaint are competent to sign. (2) whether the plaintiffs have any independent capacity and right to have the suit maintained.(3) whether the disputed temple is a public temple and if so, whether the relief claimed by the plaintiffs is available for them. (4) whether the plaintiffs are entitled to have a scheme framed as contended.(5) what are the modalities and conditions and who all should be there for framing the scheme. If the answers to these questions are found then there will be a permanent settlement of the dispute between the parties. For the said purpose, I make it very clear that over and above the evidence already made available, all the parties are at liberty to produce further documentary as well as oral evidence in support of their respective contentions and the matter can be disposed of in accordance with law. Sine I am permitting the decree in O.S.No. 461/1991 to be retained, I make it clear that any finding on that case shall not operate as AS 745/95 & 781/97 -:5:- a bar to any of the parties in deciding the issues which had to be answered in O.S.No.533 of 1990. The documents that are produced before this Court can be transmitted along with the lower court records for consideration by the trial court. Parties are directed to appear before the trial court on 24.1.2011. Appeals are disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-