IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 CRP.No. 1202 of 2001(E ) AGAINST THE ORDER DATED 19.1.2001 IN I.A.NO.17/2001 IN OP.145/1998 OF DISTRICT COURT, THRISSUR REVN. PETITIONER: PETITIONER: PETITIONER: PARATHATTIL VALIYAKULANGARAKAVU BHAGAVATHY TEMPLE TRUST, REPRESENTED BY ITS TRUSTEE KARTHIKEYAN, S/O.KUNHIKRISHNAN, RESIDING AT PARATHATTIL HOUSE, KARAMUCK VILLAGE, THRISSUR TALUK. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.E.M.SHAMIER MARICKAR RESPONDENTS: RESPONDENTS RESPONDENTS: 1. DAYASEELAN, S/O.VELAPPAKUTTY. 2. RAVI, S/O.NARAYANAN 3. SASIDHARAN, S/O.SREEDHARAN 4. GOVINDANKUTTY, S/O.APPUNNI. 5. DHARMAN, S/O.NARAYANAN 6. DHARMAN, S/O.KRISHNANKUTTY 7. DAMODARAN, S/O.KOCHUNNY 8. KOMALA, W/O.RAJAN. 9. KALLIYANI, W/O.MADHAVAN 10. BHASKARAN, S/O.RAMAN 11. SARALA, W/O.THILAKAN 12. KRISHNANKUTTY, S/O.KUTTAPPAN 13. ANANDAN, S/O.RAMANKUTTY 14. SURESH, S/O.ACHUTHAN (DELETED) 15. VIJAYAN, S/O.RAMUNNI 16. NARAYANAN, S/O.ANDI 17. MOHIDAKSHAN, S/O.NARAYANAN 18. GOVINDAN, S/O.ANDI 19. RAMAN, S/O.ANDI 20. RUGMINI, D/O.KOCHAYYAPPAKUTTY 21. ARJUNAN, S/O.KUTTAPPAN 22. THANKA, W/O.LAKSHMANAN 23. MOHANAN, S/O.VELAPPAKUTTY 24. RAJEEV, S/O.DAMODARAN 25. BINOY, S/O.VISWAMBHARAN ALL ARE RESIDING AT PARATHATTIL HOUSE, KARAMUCK VILLAGE, THRISSUR TALUK. THE NAME OF R14 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 26.2.2008 ON I.A.NO.437 OF 2008. R8, R10,R12, R13, R17, R18 BY ADV. SMT.M.R.VALSA R1 TO R5, R7, R9, R11,R15, R16, R19 TO R25 SRI.M.K.DILEEP KUMAR THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 1202 OF 2001 E -------------------------------------------- Dated this the 4th March, 2008 O R D E R The petitioner is the trustee of Parathattil Valiyakulangarakavu Bhagavathy Temple Trust. One Mundan created the trust by registered document dated 19.1.1952. As per the trust deed, the petitioner was appointed as the sole trustee. An extent of seven acres and 97 ½ cents of property was dedicated to the deity which forms the corpus of the trust. The petitioner filed an original petition under Section 34 of the Indian Trust Act seeking permission to sell 75 cents of the trust property. The District Court, as per order dated 8.4.1999 granted permission to sell 75 cents of land to one high school for a consideration of Rs.4,87,500/-. The property was sold and, as per the direction issued by the court, the amount was deposited in a nationalized bank. Certain directions were also issued by the court as to how the interest shall be appropriated. The respondents herein filed an application for review of that order and which was taken up before this Court as O.P.No.2160 of 2000. The parties are not in a position to ascertain whether O.P.No.2160 of 2000 is pending or not. 2. The petitioner filed I.A.No.17 of 2001 in the Original Petition for C.R.P. NO.1202 OF 2001 E :: 2 :: permission to withdraw Rs.50,000/- for the purpose of conducting “Makara Chowa” in the temple for the year 2001. The court below, by the order impugned, dismissed the application. The court below took note of the application having been filed in the previous year by the petitioner and withdrawal of that application later. The respondents had raised a contention that the expenses for “Makara Chowa” were being met by the contributions from the local people and that withdrawal of the amount was not necessary. The court below accepted the contentions raised by the respondents and dismissed the application. Since the purpose for which the amount was sought to be withdrawn is over about six years ago, I do not think that it is necessary to consider the Revision on the merits. Therefore, the Civil Revision Petition is closed as having become infructuous. It is made clear that the respective rights of the parties are not decided in this Civil Revision Petition. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P.NO. 1202 OF 2001 E O R D E R 4th March, 2008 -------------------------------------------