IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 19TH MARCH 2007 / 28TH PHALGUNA 1928 WP(C).No. 8675 of 2007(G) ------------------------------------------ OS.26/1965 of SUB COURT, OTTAPPALAM .................... PETITIONER: VALSALA AMMA, W/O.VENUGOPALA MENON, "AMBAL NIVAS", WEST FORT ROAD, PALAKKAD TOWN. BY ADV. SRI.T.KRISHNAN UNNI SRI.R.RAJESH KORMATH RESPONDENTS: 1. KAVALAPPARA KOTTARATHIL SATHYANATHANUNNI NAIR, ARIYOORTHEKKUMMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. KAVALAPPARA KOTTARATHIL GOURI NETHIYAR, DO. DO. 3. KAVALAPPARA KOTTARATHIL RAJENDRANUNNI NAIR, DO. DO. 4. KAVALAPPARA KOTTARATHIL PRATHAPANUNNI NAIR, DO. DO. 5. KAVALAPPARA KOTTARATHIL INDIRA, DO. DO. 6. KAVALAPPARA KOTTARATHIL RAMANI, DO. DO. 7. KAVALAPPARA KOTTARATHIL PRAKASHKUMAR, DO. DO. 8. KAVALAPPARA KOTTARATHIL VIJAYAM NETHIYAR OTTAPALAM TOWN,OTTAPALAM TALUK, PALAKKAD DIST. 9. KAVALAPPARA KOTTARATHIL SARALA NETHIYAR, DO. DO. 10. KAVALAPPARA KOTTARATHIL RAVEENDRANUNNI, DO. DO. 11. RUGMINI ALIAS SUBHADRA AMMA, SURABHI, ELAMAKKARA, PUTHUKKALAVATTOM, KOCHI. 12. VRINTHAKUNCHI AMMA, CENTRE FORT, 6A, CHITTOOR ROAD, ERNAKULAM TOWN. 13. RAJEEV (MINOR), DO. DO. 14. RAJENDRAKUMAR (MINOR), DO. DO. 15. KADHEEJA, AMBALAVAYALIL, NALLADAM, KOZHIKODE. 16. ABOOBACKER, AMBALAVAYALIL, DO. DO. 17. THANKAMANI CHERIYAMMA, CHONOTH VEEDU, NALLEPULLI, CHITTUR TALUK,PALAKKAD DISTRICT. 18. A.V.VIJAYAKUMARI,`ANSSA', PADIVATTOM ROAD, KOCHI-24. 19. A.V.BALACHANDRAN, BANK LANE, OTTAPALAM TOWN, PALAKKAD DISTRICT. 20. CHITHARANJAN DAS, VADAVANNUR, MARUTHUR HOUSE, CHITTUR TALUK, PALAKKAD DISTRICT. 21. DHAMODHARANUNNI, BANK LANE, OTTAPALAM TOWN, PALAKKAD DISTRICT. 22. SURENDRANATHAN, BANK LANE, DO. DO. 23. T.GOPIKA, BANK LANE, DO. DO. 24. SUBHADRA MENON, ELAMAKKARA, KOCHI. 25. V.VIJAYAN, ELAMAKKARA, KOCHI. 26. MRS.GEETHA RAMACHANDRAN, ELAMAKKARA, KOCHI. 27. SARALA G.MENON, 6TH AVENUE, ANNA NAGAR, CHENNAI. 28. MANORAMA VIJAYAN, `SIVASAKTHI', KUNNATH MEDU, PALAKKAD. 29. JANAKI AMMA, `SIVASAKTHI', KUNNATH MEDU, PALAKKAD. 30. RADHAGOPALAKRISHNAN,`VRINDAVANAM', ATHANI, ALUVA TALUK. 31. RAMESH, `VRINDAVANAM', ATHANI, ALUVA TALUK. 32. BHASKARAN (MINOR), DO. DO. 33. RAKESH (MINOR), DO. DO. 34. RAVUNNIKUTTY, AARADHANA, PULASSERI AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 35. UNNIYANHAJI, S/O.ALAVI HAJI, PARAYARUKUNDIL, VALLAPPUZHA, OTTAPALAM. 36. ASSAINAR, S/O.ALAVI HAJI, DO. DO. 37. JACOB P.ELIYAS, S/O.ELIAS, PARAPPATHKUZHIYIL, KILLIMANGALAM VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 38. ANITHA THOMAS, W/O.THOMAS MATHEW, KAVUNGAL, SHORNUR VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 39. ANNAMMA MATHEW, W/O.MATHEW, KAVUNGAL, MUNDAMUKKU AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 40. P.V.SUGATHAN, S/O.PONNARASSERI VASU, KADAVALLUR VILLAGE, KORATTIKARA DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT. 41. P.V.SURESH, S/O.VASU PONNARASSERI, KAVURR VILLAGE, KORATTUKARA DESOM,THRISSUR. 42. P.K.VASU, S/O.PONNARASSERI PARONGODAN, KADAVALLUR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 43. P.K.RAMAN MASTER, S/O.PEECHOLI KUNHU, PANNANCHERRI VILLAGE, KARIPPAKUNNU DESOM, THRISSUR TALUK. 44. MOHANAN, S/O.PEECHOLI RAMAN MASTER, PANNANCHERRI VILLAGE, KARIPPAKUNNU DESOM, THRISSUR TALUK. 45. ABOOBACKER, S/O.ABDU, PUTHEN VEETTIL, AYYANTHOL VILLAGE, THRIKUMARAKUDAM DESOM. 46. SINDHU, W/O.KALLADA SURESH KUMAR, MANAVALASSERI VILLAGE, MUKUNDAPURAM TALUK. 47. ANITHA ROY, W/O.KAITHAKKAD ROY KURIAN, THRIPPUNITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 48. A.J.RAICHAL, W/O.ELIAS, PARAMBATHUKUZHIYIL, KILLIMANGALAM VILLAGE, TALAPILLY TALUK, THRISSUR DISTRICT. 49. V.K.JOSEPH, S/O.KURIAKOSE, PARAPPATHUKUZHIYIL, KARUMALAPPILLI VILLAGE, TALAPPILLI TALUK. 50. V.K.MONCY, S/O.KURIAKOSE, PARAPPATHUKUZHIYIL, KARUMALAPPILLI VILLAGE, TALAPPILLI TALUK, TRISSUR DISTRICT. 51. SANJEEVKUMAR, S/O.KALLADA RAMAKRISHNAN, MANAVALASERI VILLAGE, THANISSERI DESOM, MUKUNDAPURAM TALUK. 52. SANTHOSHKUMAR, S/O.KALLADA RAMAKRISHNAN MANAVALASERI VILLAGE, THANISSERI DESOM, MUKUNDAPURAM TALUK. 53. KALLADA RAMAKRISHNAN, MANAVALASERI VILLAGE, MUKUNDAPURAM TALUK. 54. SURESHKUMAR,S/O.KALLADA RAMAKRISHNAN, MANAVALASERI VILLAGE, THANISSERI DESOM, MUKUNDAPURAM TALUK. 55. KUNHIMOITHEEN HAJI, PALAKURISSI PUTHEN PEEDIYEKKAL, VALLAPUZHA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 56. HAMZA, THADATHIL HOUSE, KULAPULLI, OTTAPALAM TALUK, PALAKKAD DISTRICT. 57. ALI ALIAS MUTHU HAJI, PARAYARAKUNDIL HOUSE, VALLAPUZHA, OTTAPALAM TALUK. 58. MAMMI HAJI, S/O.KUNNATHU MOIDEENKUTTY, VANIYAMKULAM AMSOM, PULACHITHARA DESOM, OTTAPALAM TALUK. 59. V.K.JOSEPH, S/O.KURIAKOSE, PARAPPATHUKUZHIYIL, KARUMALAPPILLI VILLAGE, TALAPPILLI TALUK. 60. P.R.SUSILKUMAR, S/O.PEECHOLI RAMAN MASTER, PANNASSERI VILLAGE, KARIPPAKUNNU DESOM, THRISSUR TALUK. 61. SUSHAMA JAYAN, ANANDALAYAM, THRIPPUNITHURA, ERNAKULAM TALUK. 62. BINDU PRAKASH, MANGALY NAGAR-5, ARUMBAKKAM, CHENNAI. 63. MOHANDAS, 176E, 3RD FLOOR, JANAKI APARTMENTS, RAMALINGAM ROAD, COIMBATORE. 64. MANOHARAN, 176E, 3RD FLOOR, JANAKI APARTMENTS, RAMALINGAM ROAD, COIMBATORE. 65. VALSALA MANNADIAR, W/O.LATE RAMACHANDRANUNNI MANNADIAR, LEELALAYAM, CHERPULASSERI AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 66. MOOKKONATH SARATHCHANDRAN, S/O.LATE RAMACHANDRANUNNI MANNADIAR, LEELALAYAM, CHERPULASSERI AMSOM, OTTAPALAM TALUK. 67. K.P.MOHAN KUMAR, ADVOCATE, RECEIVER IN O.S.26/65, SUB COURT, OTTAPALAM. 68. O.P.BALAKRISHNAN, S/O.LATE T.K.NAIR, OTTUR PUTHEN VEETTIL, KARAKKAD, OTTAPALAM TALUK, PALAKKAD DISTRICT. 69. VIJAYA PRAKASH SANKAR, S/O.SANKARAN NAIR, "SOBHANA NILAYAM", KARAKKAD, OTTAPALAM TALUK, PALAKKAD DISTRICT. (RESPONDENTS 13 AND 14 ARE MINORS AND ARE REP.BY GUARDIAN-12TH RESPONDENT) (RESPONDENTS 31 TO 33 ARE MINORS AND ARE REP.BY GUARDIAN 30TH RESPONDENT BY ADV. SRI.SANTHEEP ANKARATH SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) SRI.GINESH.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. ---------------------------- W.P.(C)No. 8675 of 2007 G ---------------------------- JUDGMENT The petitioner is the eleventh defendant in O.S.No.26/65 on the file of the Sub Court, Ottapalam. She is also the nineth respondent in I.A.No.469/80, which is an application filed for passing a final decree in the said suit. Respondents 1 to 66 are stated to be the sharers and assignees of shares. The 67th respondent is the Receiver appointed for the management of the estate, namely, the properties belonging to Kavalappara Mooppilsthanam, including the Aryankavu Temple. Respondents 68 and 69 are respectively the President and the Secretary of the Poorakhosha Committee for the Pooram festival to be conducted in the Aryankavu Temple during March/April 2007. 2. The petitioner has filed this writ petition for the following reliefs: WPC 8675/07 2 “a. call for the records in I.A. 469/80 in O.S.26/65 on the file of the Sub Court, Ottapalam. b. pass an order setting aside Exhibits P4, P7 and P10 orders. c. pass an order appointing a Commissioner for the conduct of the Pooram Festival in Aryankavu temple belonging to Kavalappara Moopilsthanam. d. and pass any other appropriate writ, order or direction this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.” 3. Considering the contentions urged before me, there is no necessity to call for the records in I.A.No.469/80, which is an application for passing a final decree in the suit. The prayers pressed before me by the counsel for the petitioner are to set aside Exhibits P4 and P10 orders and to appoint a Commissioner for conduct of the Pooram festival in Aryankavu Temple, belonging to WPC 8675/07 3 Kavalappara Mooppilsthanam, as it is submitted that Exhibit P7 order is not sought to be interfered with by this Court, at this juncture. Exhibit P4 is the common order on I.A.No. 375/07 & Receiver's Report No.91/07, whereby, the court has directed to constitute a Committee for this year's Pooram celebration in the Temple. Exhibit P10 is the order passed by the court below on I.A.No. 655/07 in the final decree proceedings in the suit, issuing appropriate directions for conduct of Pooram Festival, approving constitution of the Pooram Festival Celebration Committee. 4. It is vehemently contended before be by the learned counsel for the petitioner that last year's accounts produced by the President and the Secretary of the Poorakhosha Committee is Exhibit P11 and that it will show that the receipts and expenses are mentioned in such a fashion, unsupported by any vouchers or receipts, writing off the entire collection of almost about Rupees Seven lakhs as having been expended. He contends WPC 8675/07 4 that the Arch Gate shown as Item No.13 in Exhibit P11 is stated to have been put up at a cost of Rs.75,168/- whereas, it was actually being sponsored by Kavitha Jewellery, Ottappalam; that for the fire works an amount of Rs.1,98,000/- is written off, when it was not being tendered and there is no receipt either for payment of these amounts; that the collections towards Vedivazhipadu and expenses on that count are shown without any supporting receipts or vouchers; that for Item No.27, an amount of Rs.12,000/- is stated to have been incurred and that is for erection of a new Deepasthambham, which had not been done at all and as against Item No.24, towards legal expenses, an amount of Rs.16,000/- is written off, when actually no legal expenses had been incurred. 5. When asked as to why the parties have not objected to Exhibit P11 accounts of last year, challenging its veracity, counsel for the petitioner submits that Exhibit P11 was submitted only in February, 2007. There is nothing in Exhibit WPC 8675/07 5 P11 to show that it was submitted only in February, 2007. If at all, after the festival of March/April 2006, no accounts was submitted till February 2007, I fail to understand why all the sharers kept silent about it without praying for a direction being issued to cause the statement of accounts being filed. There is, hence, no meaning in assailing Exhibit P11 before this Court. Those who want to assail Exhibit P11 can file appropriate objections in the final decree proceedings and obtain appropriate orders. 6. The apprehension of the petitioner is that this year also the same thing would be repeated, so as to render no balance amount being there to the credit of the estate. The practice is seen to be writing off whatever is collected, which runs to several lakhs, towards expenses. On a perusal of Exhibit P10 order of the court below, I find that there is vital infirmity in the order, which none of the parties did not point out at the appropriate time. I say this because, it was submitted at the WPC 8675/07 6 time of arguments by the learned counsel for the petitioner that despite the second direction in Exhibit P10 that the Receiver shall be in complete charge and control of the only four bandarams in the Temple and he alone shall open them from time to time and credit the amounts with the bank, there are several other Brass Basins ( ) kept in the Temple to receive the offerings from the devotees; that the moment those receptacles are filled, the members of the Committee were removing that; that the Receiver was not taking care to control all these and that, that resulted in loss of huge revenue to the estate. It is submitted that the Receiver, who was functioning, was being removed and the present Receiver was being appointed three years back. Still, if such practice was going on in the Temple, I fail to understand why this was not pointed out to the court by the petitioner or other parties to the suit, especially when there was specific direction not to keep any other bandarams, which means, not WPC 8675/07 7 to keep any other receptacle to receive the offering from the devotees. 7. The next grievance pointed out by the counsel for the petitioner is that by clause (6) of Exhibit P10 order, members of the estate are also made liable for any tortious liability to anyone in the conduct of Pooram and other celebrations when the members of the estate have, absolutely, no role or control in the matter of conduct of Pooram Festival, including display of fire works. The said grievance, no doubt, is tenable. For any tortious liability in the course of Pooram celebrations, members of the estate, who have no active role in the conduct of the festival, shall have no tortious liability and the liability shall only be for the Committee and members of the Committee, who conduct the celebrations. 8. The grievance highlighted on behalf of the petitioner that there are no receipts or vouchers for the income and expenditure is certainly a contention, which requires serious consideration. WPC 8675/07 8 Hence, in modification of Exhibit P10 order, I order that the Committee shall not receive any amount otherwise than under proper receipts and shall not incur any expenses otherwise than under proper receipts and vouchers. As regards the amounts received in bandarams, the bandarams are to be opened only by the Receiver and in the presence of the office bearers of the Pooram Committee and members of the public to the extent possible and on completion of counting, a mahazar in that behalf shall be prepared, signed by the Receiver, the President and the Secretary of the Committee, such of those members, who are present and two independent witnesses, who are members of the public/devotees. The liability for submission of accounts shall be for the Receiver and the office bearers of the Committee shall entrust whatever records they are having, with the Receiver to enable him to submit the accounts in the proper manner. The Receiver shall submit report positively within two months from the date of WPC 8675/07 9 termination of the festival, with all supporting receipts, vouchers, etc. It is made clear that the Committee constituted for conduct of festival each year shall have no authority to instal any new structures or Deepasthambhams in the Temple without obtaining prior orders from the court. The prayer of the petitioner to have a Commission issued to supervise the festival cannot be granted, as Receiver is in management and he is entrusted with the responsibility of submitting true and correct accounts before the final decree court with all requisite receipts, vouchers, etc. in support of the expenses incurred and collections effected. This writ petition is disposed of with the above directions. 19th March, 2007 (K.P.Balachandran, Judge) tkv