IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 3080 of 2010(O) ------------------------- OS.82/1999 of SUB COURT, CHERTHALA .................... PETITIONER(S): ----------------------- 1. V.N.SAVITHRI, RESIDING AT KUTTANCHERRY MANAYIL, KUMARANELLOOR PO.VADAKKANCHERRY. 2. UNNIKRISHNAN, ALATHIYOOR NAMBIYILLAM, ALATHOOR PO, THIRUR, MALAPPURAM DISTRICT. 3. GIRIJA ALATHIYOOR NAMBIYILLAM, ALATHOOR PO, THIRUR, MALAPPURAM DISTRICT. 4. MAHESWARI ALATHIYOOR NAMBIYILLAM, ALATHOOR PO, THIRUR, MALAPPURAM DISTRICT. 5. JAYASREE ALATHIYOOR NAMBIYILLAM, ALATHOOR PO, THIRUR, MALAPPURAM DISTRICT. 6. NARAYANAN NAMBOOTHIRI, PANTHAVOOR MANA KANJIRAMKODU PO, VADAKKANCHERRY. 7. RAJAN NAMBOOTHIRI PANTHAVOOR MANA KANJIRAMKODU PO, VADAKKANCHERRY. 8. LEELA ANTHARJANAM, KATTANCHERRY MANAYIL KUMARANELLOOR PO, VADAKKANCHERRY. 9. HARAN NAMBOOTHIRI KATTANCHERRY MANAYIL KUMARANELLOOR PO, VADAKKANCHERRY. 10. NANDINI, KATTANCHERRY MANAYIL KUMARANELLOOR PO, VADAKKANCHERRY. W.P.(C).No.3080/2010 2 11. UMADEVI, KATTANCHERRY MANAYIL KUMARANELLOOR PO, VADAKKANCHERRY. 12. SUBHADRA KATTANCHERRY MANAYIL KUMARANELLOOR PO, VADAKKANCHERRY. 13. NARAYANAN NAMBOOTHIRI KATTANCHERRY MANAY IL KUMARANELLOOR PO, VADAKKANCHERRY. ¦ 14. K.SAVITHIRI KATTANCHERRY MANAYIL KUMARANELLOOR PO, VADAKKANCHERRY. 15. V.INDIRA, PANTHAVOOR MANA, KANJIRAMKODE PO, VADAKKANCHERRY. 16. JAYANANDAN NAMBOODTHIRI KUTTANCHERRY MANA, KUMARANELLOOR PO, VADAKKANCHERRY. 17. SREEDEVI ANTHARJANAM, ALATHIYOOR NAMBIYILLAM, ALATHOOR PO, THIRUR, MALAPPURAM DISTRICT. 18. K.RADHA, KUTTANVCHERRY MANA, KUMARANELLOOR PO, VADAKKANCHERRY. 19. SOBHANA,KUTTANVCHERRY MANA, KUMARANELLOOR PO, VADAKKANCHERRY. 20. HARI NAMBOOTHIRI,KUTTANVCHERRY MANA, KUMARANELLOOR PO, VADAKKANCHERRY. 21. K.SREEDEVI, KIZHAKKEKUNNEL MANAYIL, KANJIRAMKOTTU,VADAKKANCHERRY. 22. SAVITHRI ANTHARJANAM, ALATHIYUR MANAYIL, CHOONDAL, KUNNAMKULAM. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN W.P.(C).No.3080/2010 3 RESPONDENT(S): COUNTER PETITIONER/DEFENDANTS ------------------------------------------------------------------------------------------ 1. V.N.SEKHARA PANICKER, VAITHYATTU PUTHENPURAYIL,VARANADU PO, CHERTHALA, 2. N.S.SKARAYOGAM NO.2486, MARUTHORVATTOM PO, REPRESENTED BY ITS SECRETARY. 3. MARUTHORVATTOM SREE DHANWANTHARI TRUST,E REPRESENTED BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.3080 of 2010 = = = = = = = = = = = = = = Dated this the 30 th day of January, 2010 JUDGMENT The writ petitioners are the plaintiffs in O.S.No.82/1999 on the file of the Sub Court, Cherthala. The petitioners are members of the Malayala Brahmin Community and members of an Illam by name Velludu Illam at Vadakkancherry. The said suit is one for modification of Ext.P1 Scheme settled by the Sub Court, Cherthala in O.S.No.23/1988 in respect of the administration of a private temple by name Maruthorvattom Sri. Dhanwanthari Vilasam Bhagavathi temple. Eventhough the evidence in the suit has already been closed, the suit is still pending and has not been disposed of yet. As per Ext.P1 Scheme settled by the Sub Court, Cherthala in O.S.No.23/1988, the administration of the temple is with a committee consisting of 8 members besides the President, Secretary, Manager and two nominees of the Illam. Out of them the President W.P.(c)No.3080 of 2010 2 and the Manager are to be the life members. The President, who was appointed as per the Scheme, was one Sreedhara Panicker who is now no more. The life time Manager appointed as per the Scheme is the 1st respondent one V.N. Sekhara Panicker. The existing Scheme contemplates the appointment of a new President or a new Manager in case the existing President or Manager is unable to perform his functions due to absence or resignation. As per Ext.P1 Scheme the appointment of a new President or the Manager is to be made by the Maruthovattom Dhanwanthari Vilasam NSS Karayogam. It was apprehending the appointment of a new Manager by the N.S.S Karayogam that the petitioners filed I.A.No.2133/2009 before the court below seeking permission to appoint a new Manager from among the members of the Illam. The court below as per Ext.P4 order dated 7.1.2010 dismissed the said application holding, inter alia, that if at all a new Manager is to be appointed, that can W.P.(c)No.3080 of 2010 3 be done only by the Maruthovattom Dhanwanthari Vilasam NSS Karayogam, as per Ext.P1 Scheme and that there is no need to interfere with the administration of the temple by the court permitting the appointment of a new Manager. The order passed by the court below cannot be faulted, since going by the provisions of Ext.P1 Scheme, the authority competent to appoint a new Manager is the aforesaid NSS Karayogam . The court below has observed in paragraph 7 of the impugned order that there is no need for interference by the Court with the administration of the temple by appointing a new Manager. 3. The present grievance of the petitioner is that the NSS Karayogam is contemplating to appoint a new Manager in the place of Sri.V.N.Sekhara Panicker the existing Manager on the ground that he is unable to perform the functions of the Manager due to illness. In the first place the petitioners did not move the court below for any prohibitory order against NSS Karayogam appointing a new W.P.(c)No.3080 of 2010 4 Manager. Secondly, Ext.P1 contemplates appointment of a new Manager only if the existing Manager is unable to perform his functions as such either due to absence or on account of resignation. When both the above contingencies have not arisen, it is doubtful whether a new manager could be appointed either by the NSS Karayogam or from among the members of the Illam by recourse to the provisions of Ext.P1 Scheme. The question of appointing a new Manager even if it arises can be done only in accordance with Ext.P1 Scheme which has not been modified so far. Under these circumstances, I am not inclined to interfere with Ext.P4 order passed by the court below. This writ petition is accordingly dismissed leaving it to the petitioners to move the court below in case there is an attempt by the NSS Karayogam to appoint a new Manager. Dated this the 30th day of January, 2010. V. RAMKUMAR, JUDGE sj