Disposed

Pachalloor Sree Bhadrakali Devi Kshethra Devaswom v. S.Mohanan

Kerala HC4 Jan 2013FAO/371/2012

Case brief

AI extract

What is this about?

The High Court disposed of appeals challenging an order to appoint a Returning Officer and interim management committee for a temple election. The Court upheld the appointment and directed the election within 30 days.

What did the court decide?

Election directed within 30 days; elected committee to assume charge within three days; adhoc committee to continue in interim.

Pachalloor Sree Bhadrakali Devi Kshethra Devaswom Vs… — Property and Title | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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FRIDAY, THE 4TH DAY OF JANUARY 2013/14TH POUSHA 1934

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FAO.No. 371 of 2012 ()

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I.A.NO.1401 OF 2012 IN OS.6/2009 OF 1 ADDL.DISTRICT COURT, THIRUVANANTHAPURAM

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APPELLANT(S):PETITIONERS 1 & 2, COUNTER PETITIONERS 1 TO 3,5 TO 11,13 & 14:

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1. PACHALLOOR (CHUDUKADU) SREE BHADRAKALI DEVI KSHETHRA DEVASWOM,N.H.BYEPASS, PACHALLOOR, THIRUVANANTHAPURAM, REPRESENTED BY CHAIRMAN, ADHOC COMMITTEE, PACHALLOOR (CHUDUKADU) SREE BHADRAKALI DEVI KSHETHRA DEVASWOM, N.H.BYPASS, PACHALLOOR, THIRUVANANTHAPURAM.

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2. SREE BHADRAKALI DEVI(THE DIETY) SREE BHADRAKALI DEVI KSHETHRA DEVASWOM N.H BY PASS,

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PACHALLOOR, THIRUVANANTHAPURAM, REPRESENTED BY CHAIRMAN, ADHOC COMMITTEE, PACHALLOOR (CHUDUKADU) SREE BHADRAKALI DEVI KSHETHRA DEVASWOM, N.H BYPASS, PACHALLOOR, THIRUVANANTHAPURAM.

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3. V.RAJU, S/O.VIJAYAN,PRANAVAM, VELLAR, KOVALAM P.O., THIRUVANANTHAPURAM.

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4. D.SEEJOY, S/O.DEVARAJAN, AVANTHIKA, PACHALLOR P.O., THIRUVANANTHAPURAM.

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5. S.ASOKAN, S//O.SADASIVAN, MCT HOUSE, EDAYAR, THIRUVALLOM P.O., THIRUVANANTHAPURAM.

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6. G.BHADRAN, S/O.GANGADHARAN, VAYALINIKARA VEEDU,

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PACHALLOOR P.O., THIRUVANANTHAPURAM.

Kss

..2/-

..2....

F.A.O.NO.371/2012

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7. C.K BHADRAKUMAR, S/O.KRISHNAN,

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SALABHA, AMBALATHARA, POONITHURA P.O., THIRUVANANTHAPURAM.

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8. A.S SHAJI, S/O.APPU, SULOCHANALAYAM,

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PACHALLOOR P.O., THIRUVANANTHAPURAM.

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9. E.K.SUJATHAN, S/O.KUCHELAN, LOTTUS, PACHALLOOR P.O., THIRUVANANTHAPURAM.

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10. A.AJITHKUMAR., S/O.ASOKAN PANIKAR,

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AMBADI, PUNKULAM, CELLAYANI P.O., THIRUVANANTHAPURAM.

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11. V.MANIYAN, S/O.VASUDEVAN,

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KUPPATHILMUDUMBU VEEDU, PACHALLOOR P.O., THIRUVANANTHAPURAM.

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12. V.SINDHURAJAN,

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S/O.VISWAMBHARAN, MANAPPURATHU VEEDU,

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PACHALLOOR P.O.,THIRUVANANTHAPURAM.

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13. V.SETHUNATHAN, S/O.VELAYUDHARAN, VINU BHAVAN, VENKARA, THIRUVALLOM P.O., THIRUVANANTHAPURAM.

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14. B.VIJAYAN, S/O.BHANU, MANIYANMUDUMBU VEEDU,

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PACHALLOOR P.O., THIRUVANANTHAPURAM.

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BY ADV. SMT.M.HEMALATHA

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RESPONDENT(S):PETITIONERS 3 & 4, COUNTER PETITIONERS4, 12,15 & 16:

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1. S.MOHANAN,

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S/O.SADASIVAN, GESTO, KANNAMMOOLA,

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KUMARAPURAM P.O., THIRUVANANTHAPURAM - 695 011.

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2. R.VISWANATHAN,

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S/O.RAGHAVA PANICKER,SYAM NIVAS, MARUTHAMKUZHY,

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KANJIRAMPARA P.O., THIRUVANANTHAPURAM 695 030.

Kss

..3/-

...3....

F.A.O.NO.371/2012

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3. S.VIVEK,

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S/O.SUDARSHANAN, ARADHANA, MANNAM NAGAR, THIRUVALLOM P.O., THIRUVANANTHAPURAM 695 027.

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4. K.APPUKUTTAN,

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S/O.KESAVAN, A.S NIVAS, PACHALLOOR P.O.,

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THIRUVANANTHAPURAM 695 027.

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5. THANKARAJAN,

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S/O.A. VISWAMBHARAN, SOORYA HOUSE,

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NEAR BYPASS N.H 47, PACHALLOOR P.O.,

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THIRUVANANTHAPURAM - 695 027.

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6. SARNGADHARAN,

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S/O.KAMAPALAN, OLLPINKARA VEEDU,

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PACHALLOOR, PACHALLOOR P.O., THIRUVANANTHAPURAM - 695 027.

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R1 & R2 BY SRI.S.SREEKUMAR,SENIOR ADVOCATE R1 & R2 BY ADV. SRI.G.SUDHEER

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THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 04-01-2013 ALONG WITH FAO. NO.3/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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F.A.O.NO.371/2012

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APPENDIX

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APPELLANT'S ANNEXURES:

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ANNEX.1: COPY OF THE NOTICE DTD. 28/04/2012. ANNEX.2: COPY OF THE NOTICE DTD. 1/06/2012. ANNEX.3: COPY OF THE NOTICE DTD. NIL. ANNEX.4: COPY OF THE NOITCE DTD. 13/08/2012. ANNEX.5: COPY OF THE NOTICE DTD. 5/10/2012. ANNEX.6: COPY OF THE NOTICE DTD. 15/10/2012. ANNEX.7: COPY OF THE ACCOUNT OF THE INCOME.

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ANNEX.8: COPY OF THE MINUTES OF THE GENERAL BODY CONDUCTED ON 22/04/2012.

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ANNEX.9: COPY OF THE MINUTES OF THE GENERAL BODY DTD.22/04/2009.

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RESPONDENT'S ANNEXURES:

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R1(A): COPY OF THE DECREE DTD. 15/03/2010 IN O.S.NO.6/2009 INCLUDING THE COMPROMISE PETITION AS WELL AS THE SCHEME.

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R1(B): COPY OF THE ELECTION NOTIFICATION FOR THE YEAR 2011 DTD. 1/05/2011 ISSUED BY THE APPELLANT.

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R1(C): COPY OF THE SUGGESTIONS OF THE COUNTER PETITIONERS IN O.S.NO.6/2009 BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DTD. 17/07/2012.

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R1(D): COPY OF THE SUGGESTIONS OF THE PETITIONER IN O.S.NO.6/2009 BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DTD.16/07/2012.

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R1(E): COPY OF THE ADVOCATE PANEL FILED BY THE PETITIONER'S ADVOCATE IN O.S.NO.6/2009 DTD. 13/09/2012.

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R1(F): COPY OF THE ADVOCATE PANEL FILED BY THE RESPONDENTS ADVOCATE IN O.S.NO.6/2009 DTD. 13/09/2012.

Kss

..2/-

..2.....

F.A.O.NO.371/2012

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R1(G): COPY OF THE REQUEST SUBMITTED BY ADV.K.V.JAYAKUMAR BEFORE COMMISSION OF POLICE FOR POLICE ASSISTANCE TO PREPARE INVENTORY30/11/2012.

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R1(H): COPY OF THE NOTICE DTD. 26/11/2012 SENT BY THE CONVENOR KULATHOOR K.V.JAYAKUMAR KUKKELLAYE.

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R1(I): COPY OF THE NOITCE DTD. 3/11/2012 SENT BY THE RETURNING OFFICER DTD. 3/11/2012.

/TRUE COPY/

P.A.TO JUDGE

Kss

HARUN-UL-RASHID, J.

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F.A.O.Nos.371/2012 & 3/2013

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Dated this the 4^th day of January, 2013.

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J U D G M E N T

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Appellants in F.A.O.No.371/2012 are the counter petitioners 1to 3, 5to 11, 13 and 14 in I.A.No.1401/2012. The appeal is directed against the order dated 17.9.2012 in I.A.No.1401/2012 in O.S.No.6/2009. The appellants in F.A.O.No.3/2013 are the members of the Pachalloor (Chudukadu) Sree Bhadrakali Devi Kshethra Devaswom. The term of the managing committee expired on 21.5.2012. An Adhoc Committee is managing the affairs of the temple as per the General Body decision dated 22.4.2012.

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Four of the defendants in the suit filed I.A.No.1401/2012 for an interim order of injunction restraining the counter petitioners from interfering with the day today administration of the trust and temple and from interfering with the duty and responsibility of the office bearers of the trust and temple. When the matter was taken up for consideration, the court below noticed the fact that the term of the managing

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::2::

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F.A.O.Nos.371/2012 & 3/2013

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committee expired on 21.5.2012 and that at present, the affairs of the temple is being managed by an Adhoc Committee. In the circumstances, the court below called for suggestions from both sides for the smooth conduct of the election to the managing committee. Accordingly, suggestions were submitted by both sides. The court below passed the impugned order whereby the court appointed one Advocate as Returning Officer for the conduct of the election. The court also appointed a committee for the interim management of the temple and trust, till the elected committee assumes charge. The committee for interim management of the temple and trust shall consist of the representatives of both the petitioners and counters petitioners on equal representation.

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In the aforesaid facts and circumstances, this Court finds no reasons to interfere with the order passed by the court below. Though the impugned order has been passed by the court, so far, the returning officer could not conduct the election. The returning officer appointed by the court below shall conduct the election within a period of 30 days from today. The Adhoc

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F.A.O.Nos.371/2012 & 3/2013

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Committee shall continue to manage the affairs till the elected managing committee assumes charge. The returning officer shall see that the elected managing committee shall assume charge at an early date, at any rate, within a period of three days from the date of election. It is made clear that all the members enrolled as on 10^th Meenam 1187 corresponding to 23.3.2012 shall be included in the preliminary voters list. The committee now in charge shall abide by the instruction and directions issued by the Returning Officer for the conduct of election. Both parties shall handover the keys retained by them to Adv.K.S.Sathish Kumar, forthwith, at any rate, on or before 5:00 p.m on 5.1.2013.

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The appeals are disposed of as above.

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HARUN-UL-RASHID, Judge.

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bkn/-

Pachalloor Sree Bhadrakali Devi Kshethra Devaswom v. S.Mohanan

Case brief

What is this about?

What did the court decide?

Pachalloor Sree Bhadrakali Devi Kshethra Devaswom v. S.Mohanan

Case brief

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What did the court decide?

What the court decided

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