IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 OP(C).No. 1609 of 2011(O) I.A.NO.408/2011 IN I.A.NO.720/2008 IN OS.8/1958 OF THE DISTRICT COURT, ALAPPUZHA PETITIONER -------------------- P.RAMESH BABU,S/O.PADMANABHA NAIK, PADMAGIRI NIVAS,A.N.PURAM,ALAPPUZHA. BY ADV. SRI.S.VINOD BHAT RESPONDENTS: --------------- 1. ALAPPUZHA ANANTHA NARAYANAPURAM THURAVOOR THIRUMALA DEVASWOM,ALAPPUZHA, REPRESENTED BY ITS PRESIDENT,PIN 688 001. 2. S.RAJKUMAR,ALAPPUZHA ANANTHA NARAYANAPURAM THURAVOOR THIRUMALA DEVASWOM, ALAPPUZHA,PIN 688 001. BY ADV. SRI.R.AZAD BABU THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE ORDER DATED 25.1.2011 IN I.A.NO.720 OF 2008 IN O.S.NO.8/1958 ON THE FILE OF THE DISTRICT COURT, ALAPPUZHA. EXT.P2 COPY OF THE APPLICATION DATED 11.4.2011 (I.A.NO.408/2011 IN I.A.NO.720/2008 IN O.S.NO.8 OF 1958 ON THE FILE OF DISTRICT COURTL ALAPPUZHA. EX.P3 COPY OF THE ORDER DATED 12.4.2011 PASSED IN I.A.NO.408/2011 IN O.S.NO.8/1958 ON THE FILE OF DISTRICT COURT, ALAPPUZHA. EXT.P4 COPY OF THE NOTIFICATION NO.10/1186 DATED 13.4.2011. EXT.P5 COPY OF APPLICATION CMP.214/2011 IN I.A.NO.408/2011 IN O.S.NO.8/1958 OF DISTRICT COURT, ALAPPUZHA. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1609 OF 2011 O ------------------------------------------------------ Dated this the 20th day of June, 2011 JUDGMENT The petitioner is one of the members of Mahajanayogam and beneficiary of Alappuzha Anantha Narayanapuram, Thuravoor Thirumala Devaswom, which is a Hindu Public Religious Trust. A scheme was framed in respect of the Devaswom by the Travancore-Cochin High Court in A.S.No.245 of 1073 M.E. and A.S.No.255 of 1073 M.E. It is stated that modifications by way of amendment were introduced to the scheme as per the decree in O.S.No.8 of 1958, on the file of the District Court, Alappuzha. 2. The petitioner and others filed I.A.No.408 of 2011 in I.A.No.720 of 2008 in O.S.No.8 of 1958 (Ext.P2) to annul the resolution of the Mahajanayogam convened on 13.2.2011 and to convene a meeting of the Mahajanayogam under Chapter 10 of Ext.A1 Scheme. 3. The reliefs prayed for in the Original Petition are the following: O.P.(C) NO.1609 OF 2011 O :: 2 :: “(i) To direct the District Court, Alappuzha to hear Ext.P2 application and pronounce order thereon before 22.5.2011; (ii) To stay the proceedings based on Mahajana Yogam until Ext.P2 application is finally heard and decided by the District Court, Alappuzha; (iii) Such other writ or order or direction as this Hon'ble Court may be pleased to issue or pass in the interest of justice.” 4. It is submitted that relief (ii) has practically become infructuous. As regards relief (i), respondents have no objection in granting that relief. 5. Accordingly, the Original Petition is disposed of directing the District Court, Alappuzha to dispose of I.A.No.408 of 2011 in O.S.No.8 of 1958 as expeditiously as possible. On 20.5.2011, an interim order was passed by the learned single Judge to the following effect: O.P.(C) NO.1609 OF 2011 O :: 3 :: “The respondents shall conduct the election subject to the result of this Original Petition and the petitions pending before the District Court.” This interim order will continue to be in force in so far as it relates to the petitions pending before the District Court. (K.T.SANKARAN) Judge ahz/