IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 FAO.No. 193 of 2008() ---------------------------- AGAINST THE ORDER DATED 22/07/2008 IN IA 2535/08 IN OS.8/2004 of ADDL.DISTRICT COURT, THRISSUR .................... APPELLANTS/RESPONDENTS/DEFENDANTS -------------------------------------------------- 1. PAYAMMAL SREE SATHRUGNASWAMI KSHETRAM SAMITHI, (REG.NO. 433/2001) REP. BY SECRETARY SULESH SUBRAMINAN, PAYAMMAL DESOM POOMANGALAM VILLAGE IN THRISSUR DIST 2. A.V.DIHILLAN, PRESIDENT, PAYAMMAL SREE SATHRUGNASWAMI KSHETRAM SEVASAMITHI ANDIKODU VEEDU, PAYAMMAL DESOM, POOMANGALAM VILLAGE 3. P.N.SURESH, TREASURER, PAYAMMAL SREE SATHRUGNASWAMI KSHETHRAM SEVA SAMITHI. 4. AKKITHAN INCHIPULIKKATTIL , SECRETARY, PAYAMMAL SREE SATHRUGNASWAMI KSHETHRAM SEVA SAMITHI. 5. SANKARANARAYANAN, ANDIKKODU, PRESIDENT,PAYAMMAL SREE SATHRUGNASWAMI KSHETHRAM SEVA SAMITHI. 6. RAJAN CHEMOTTIPARAMBIL, TREASURER, PAYAMMAL SREE SATHRUGNASWAMI KSHETHRAM SEVA SAMITHI. BY ADV. SRI.U.O.JOSE RESPONDENTS/RESPONDENTS/PLAINTIFF: ---------------------------------------------------- NEDUMPILLY THARANANELLUR TRUST ESTATE'RE P. BY MANAGING TRUSTEE, PRADEEP NAMBOODIRIPAD NEDUMPILLY THAREANANELLUR ILLAM, KARALAM VILLAGE KIZHATHANY DESOM, THRISSUR DIST. BY ADV. SRI. C.K. VIDYASAGAR. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = F.A.O. NO. 193 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of July, 2008. J U D G M E N T This appeal is preferred against the order of the First Additional District Judge, Thrissur in I.A.2535/08 in O.S.8/04. It was an application filed for appointing a Court Receiver for the management of the Karkkidaka poojas of the year 2008. With sorrow it has to be expressed that the urgency and seeking of appointment of receiver is only during the month of Karkkidakamasa, is obviously for the reason that it is the period where the maximum income is generated in that Temple. This Court had directed the District Court also to get ready with the trial of the case but unfortunately so far it has not materialized. The learned District Judge had passed an order whereby he has appointed one Advocate Sri. P. Pramod as Receiver for the management of the Temple for the Karkkidaka month. On earlier occasions similar petitions were there and this Court once appointed Advocate Sri.P.R. Neelakandan Namboodiri, a F.A.O. 193 OF 2008 -:2:- member of the Thrissur Bar and another Advocate Sri.C.V. Saburaj, a member of the Irinjalakuda Bar as joint Receivers to oversee the day to day affairs of the Temple during the Ramayanamasam of 1182 M.E. Appointment of Receivers permanently is a question that has to be determined under Order 40 of the CPC. 2. Admittedly there is a registered committed elected and the fight is between the elected committee and the owners of the Temple regarding the management of the Temple. In matters of Temple administration it is only desirable that who are well acquainted with Temple administration or who had the motivation to do the service has to be appointed so that the main interest of preserving the sanctity of the Temple and the welfare of the worshipers are properly looked into. It has to be borne in mind this Temple is of Sathrugna, one of the four characters of the great epic, Ramayana and it is a story of sacrifice and unfortunately it is where now the fight is going between the rival sections. I hope and pray that better wisdom will prevail over one and all so that the serene and sanctified F.A.O. 193 OF 2008 -:3:- atmosphere of the Temple is maintained. Since there is a registered committee and it is in possession of the Temple there is no point in side-tracking that committee and allow fresh persons to administer the entire affairs. But, at the same time, the apprehension of the plaintiffs in the case that there is mal-administration and mis-appropriation of funds also has to be checked, scrutinized and it is not allowed to be done. So that the best course is to direct this committee to administer, to have a check on them, to appoint two respectable persons who will have a say in the administration of the Temple and whenever they find something wrong with the approach of the committee in the administration of the Temple to report it to the Court where the case is pending so that further directions can be had from the Court in such a situation. Therefore I feel the order passed by the District Court is to be varied and a modified order has to be passed as follows. (1) It is directed that the committee along with Advocate Sri.P.R. Neelakandan Namboodiri and Advocate Sri. P.Pramod, Thrissur will look into the affairs of the Temple F.A.O. 193 OF 2008 -:4:- during the period of Ramayanamasa. The two persons appointed by this Court will have the power to check unnecessary expenditure and whenever it is felt that a direction from the Court is necessary for a particular matter they are free to file report before the District Court. (2) When a dispute arises between these two persons appointed by this Court and the committee and if the majority is of that of the persons appointed by this Court it is that fact that has to be implemented and not the direction of the committee. (3) Though these directions are given, I make it clear the attempt of the committee as well as these two persons must be to have a calm, peaceful and steady administration of the affairs of the Temple without causing any hindrance or discomfort to the large number of worshipers who flow from various parts of the country to have Darshan during this Ramayanamasam. (4) Sri.P.R. Neelakandan Namboodiri and Sri.P. Pramod be paid Rs.10,000/- each as initial remuneration by the Committee and the final remuneration, if necessary, can F.A.O. 193 OF 2008 -:5:- be fixed by the District Court on their making a report before that Court taking into consideration their work load involved. I am informed that Sri. P. Pramod had taken charge of the Temple. By reason of this order he has to hand over to the committee and function as an officer of the Court as directed above jointly along with Sri. Sri.P.R. Neelakandan Namboodiri and the committee. The discretionary power to extend the amount shall be jointly done by the committee and the persons appointed by this Court taking into consideration the real necessity for such expenses and they will be accountable to the Court as well, for the same. The FAO is disposed of as above. M.N. KRISHNAN, JUDGE. ul/-