Disposed

Sreekrishna Vilasam N.S.S. Karayogam No. 698 v. Chairman/ District & Sessions Judge

Kerala HC26 Aug 2022WP(C)/20931/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging certificates issued by the Sree Padmanabha Swami Temple Administrative Committee regarding the respondent's status as Moopil Swamiyar. The Court held that such certificates cannot decide the pending civil suit.

What did the court decide?

Writ petition disposed of without prejudice to rights in pending civil suit.

Sreekrishna Vilasam N.S.S. Karayogam… — Constitutional and Fundamental Rights | Kerala HC (2022)

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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 ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
W.P.(C)NO.20931 OF 2021

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PETITIONERS:

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1 SREEKRISHNA VILASAM N.S.S. KARAYOGAM NO. 698,
KEEZHECHERIMEL MURI, CHENGANNUR, ALAPPUZHA
DISTRICT,
REPRESENTED BY ITS CONVENER OF AD-HOC COMMITTEE,
B.JAYAKUMAR.

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2 B. JAYAKUMAR,
AGED 55 YEARS,
S/O BHASKARAN NAIR, CONVENER, THE AD-HOC
COMMITTEE, SREEKRISHNA VILASAM N.S.S. KARAYOGAM
NO.698,KEEZHECHERIMEL MURI, CHENGANNUR, ALAPPUZHA
DISTRICT.

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BY ADVS.
R.T.PRADEEP
V.VIJULAL
M.BINDUDAS
K.C.HARISH

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RESPONDENTS:

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1 CHAIRMAN/DISTRICT & SESSIONS JUDGE, ADMINISTRATIVE COMMITTEE, SREE PADMANABHA SWAMI TEMPLE, THIRUVANANTHAPURAM-695 024.

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2 PARAMESWARA BRAHMANANDHA THEERTHA SWAMIYAR @
T.S.MOHANAN,
THIRUTHOOR MANA, ALOOR, ANNALLUR P.O.,
CHALAKUDY TALUK, THRISSUR-680 731.

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W.P.(C)No.20931 OF 2021

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BY ADVS.
R.SURAJ KUMAR
M.NARENDRA KUMAR
K.N.RADHAKRISHNAN(THIRUVALLA)
S.PREM ANAND
ANJANA R.S.
RESHMA K.RAJU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C)No.20931 OF 2021

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JUDGMENT

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Anil K. Narendran, J.

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The petitioners are defendants 1 and 2 in O.S.No.97 of 2020 on the file of the Munsiff Court, Chengannur, which is one filed by the 2^nd respondent herein claiming the status of Moopil Swamiyar of Munchira Madom, Munchira Desam. The reliefs sought for in that suit read thus;

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“A. Grant a decree of mandatory injunction directing the defendants to surrender the management and administration of the plaint schedule properties 1 and 2 and render books and accounts, keys, pooja vessels and such movable schedule as item two, within a time to be fixed by the honourable court to the plaintiff, with liberty to the plaintiff to get it enforced in the appropriate way. B. Grant a decree of permanent prohibitory injunction restraining the defendants and their person from obstructing the plaintiff is right of administration and management of the plaint schedule properties including the temple and its assets and peaceful possession of enjoyment of the plaintiff over plaint schedule properties. C. Grant a decree of permanent prohibitory injunction restraining the defendants and their person from doing any construction, renovation, alterations or demolition work in the temple and other structures in their personal capacity and in representative capacity representing all the members of first defendant karayogam.”

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W.P.(C)No.20931 OF 2021

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The petitioners have filed this writ petition under

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Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P4 and P5 certificates dated 06.01.2018 and 02.08.2017 respectively, issued by the Chairman of the Administrative Committee of Sree Padmanabha Swami Temple, Thiruvananthapuram, wherein it is certified as follows;

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Ext.P4

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“Certified that Srimath Parameswara Bhramhananda Theertha Swamiyar is the Madathipathy and the 48^th Moopil Swamiyar of the Munchira Madom who is the Pushpanjaly Swamiyar of the Sree Padmanabha Swamy Temple, Thiruvananthapuram from 07.07.2017 onwards. This certificate is issued to be produced before the HR&CE, Devaswom and temples in the State of Tamilnadu and the officials/authorities concerned in the State of Kerala.”

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Ext.P5

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“Srimath Prameswara Bhramhananda Theertha the Madathipathy and Moopil Swamiyar of Munchira (Swamiyar) Madom (Poorva Ashramam Name – Mohanan, called Parameswaran Namboothiri, Thiruthoor mana, Thiruthurparambu, P.O. Annalloor, Chalakudy, Thrissur – 680731) is serving as the Pushpanjaly Swamiyar of Sree Padmanabha Swamy Temple, Thiruvananthapuram from 07^th July 2017 onwards.”

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The petitioners have also sought for a writ of mandamus commanding the 1^st respondent to take a decision on Ext.P13

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W.P.(C)No.20931 OF 2021

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representation dated 17.09.2020, after affording them an opportunity of being heard and also to the 2^nd respondent, within a time limit to be fixed by this Court.

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On 04.10.2021, when this matter came up for admission, a learned Judge of this Court directed Registry to post the matter before the Bench dealing with Devaswom matters.

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On 26.10.2021, when this writ petition came up for consideration, this Court issued urgent notice on admission by speed post to respondents 1 and 2, returnable within four weeks. 5. The 2^nd respondent has filed a counter affidavit dated 16.12.2021 opposing the reliefs sought for in this writ petition, raising various legal and factual contentions. On behalf of the 1^st respondent, a statement dated 24.05.2022 has been filed by the learned Standing Counsel. The petitioners have filed a reply affidavit dated 24.05.2022 to the counter filed by the 2^nd respondent. The 2^nd respondent has filed an additional counter affidavit dated 11.07.2022, in view of the statement filed on behalf of the 1^st respondent.

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Heard the learned counsel for the petitioners, the learned Standing Counsel for the 1^st respondent and also the learned counsel for the 2^nd respondent.

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W.P.(C)No.20931 OF 2021

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The issue that arises for consideration in this writ

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petition is as to whether any interference is warranted on Exts.P4 and P5 certificates issued by the 1^st respondent. The grievance of the petitioners, which is highlighted in this writ petition, is that the 2^nd respondent is using Exts.P4 and P5 certificates in support of his claim in O.S.No.97 of 2020, which is now pending consideration before the Munsiff Court, Chengannur.

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Along with the reply affidavit filed by the petitioner to the counter affidavit filed by the 2^nd respondent, Ext.P14 judgment of this Court dated 31.01.2022 in O.P.(C)No.3121 of 2017 and Ext.P15 judgment dated 31.01.2022 in O.P.(C)No.2007 of 2020 are placed on record. Ext.P15 judgment arises out of the order passed by the Munsiff Court, Chengannur in O.S.No.97 of 2020. In the said judgment this Court found that the observation of the trial court that the 2^nd respondent herein is the present Mooppar and the head of Munchira Madom was unwarranted. Therefore, the impugned order was interfered with by this Court, by deleting the observations contained therein that the plaintiff in O.S.No.97 of 2020 is the Mooppar and head of Munchira Madom, leaving it open for the parties to tender evidence on that point. By Ext.P15 judgment the trial court is directed the decide the suit,

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W.P.(C)No.20931 OF 2021

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uninfluenced by the factual findings in the impugned order.

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Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that the question as to whether the 2^nd respondent is the Madathipathy and the 48^th Moopil Swamiyar of Munchira Madom has to be established before the competent civil court where O.S.No.97 of 2020 is pending consideration, by tendering evidence in support of that claim. Ext.P4 or Ext.P5 certificates issued by the 1^st respondent cannot be the basis for deciding that question in O.S.No.97 of 2020. The said certificates would only show that the 2^nd respondent is the Pushpanjali Swamiyar of the Sree Padmanabha Swamy Temple.

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With the above observations, this writ petition is disposed of without prejudice to the right of the petitioners and also the 2^nd respondent to raise appropriate legal and factual contentions in O.S.No.97 of 2020 pending before the Munsiff Court,

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Chegannur.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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MIN

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W.P.(C)No.20931 OF 2021

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PETITIONERS' EXHIBITS:

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Exhibit P1 TRUE COPY OF NOTIFICATION DATED 22.8.2017
PUBLISHED IN KERALA GAZETTE ON 24.10.2017.
Exhibit P2 TRUE COPY OF AGREEMENT DATED 11.7.1974
EXECUTED BY 1ST DEFENDANT.
Exhibit P3 TRUE COPY OF PLAINT DATED 13.8.2019 IN
O.S.NO.97 OF 2020 BEFORE MUNSIFF'S COURT,
ALAPPUZHA
Exhibit P4 TRUE COPY OF CERTIFICATE DATED 6.1.2018
FROM THE ADMINISTRATIVE COMMITTEE OF SREE
PADMANABHA SWAMI TEMPLE.
Exhibit P5 TRUE COPY OF CERTIFICATE DATED 2.8.2017
FROM THE ADMINISTRATIVE COMMITTE OF SREE
PADMANABHA SWAMI TEMPLE.
Exhibit P6 TRUE COPY OF RELEVANT SEARCH PAGE OF THE
TEMPLE LIST OF TNHRCE DEPARTMENT PERTAINING
TO MUNCHIRAI MADOM.
Exhibit P7 TRUE COPY OF THE APPLICATION DATED
15.7.2020 BY THE DEPONENT BEFORE THE PUBLC
INFORMATION OFFICER OF TNHRCE DEPARTMENT.
Exhibit P8 TRUE COPY OF REPLY DATED 13.8.2020 BY
TNHRCE DEPARTMENT
Exhibit P9 TRUE COPY OF APPLICATION DATED 21.7.2020 BY
DEPONENT BEFORE THE PUBLIC INFORMATION
OFFICER OF TNHRCE DEPARTMENT
Exhibit P10 TRUE COPY OF COVERING LETTER DATED 7.8.2020
WITH COPY OF ORDER DATED 20.3.2018
FORWARDED BY JOINT COMMISSIONER(HQ), TNHREC
DEPARTMENT
Exhibit P11 TRUE ENGLISH TRANSLATION OF ORDER DATED
20.3.2018 FORMING PART OF EXHIBIT-P10.
Exhibit P12 TRUE COPY OF W.P.(MD)NO.16274/2018 FILED BY
T.S.MOHAN PURPORTING HIMSELF AS PARAMESWARA

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W.P.(C)No.20931 OF 2021

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BRAHMANANDA THEERTHAR BEFORE MADURAI BENCH
OF HIGH COURT OF JUDICATURE, MADRAS WHICH
IN NIL DATED.

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Exhibit P13 TRUE COPY OF REPRESENTATION DATED 17.9.2020
BEFORE THE 1ST RESPONDENT.

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Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 31.1.2022
IN O.P(C) NO.3121/2017 OF HIGH COURT OF
KERALA.

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Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 31.1.2022
IN OP(C)NO.2007/2020 OF HIGH COURT OF
KERALA.

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RESPONDENTS' EXHIBITS:

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Exhibit R2 (A) THE TRUE COPY OF THE PROCEEDINGS OF THE
REGISTRAR OF NSS KARAYOGAMS DATED
23.03.2015
Exhibit R2(B) TRUE COPY OF THE LETTER DATED 22.07.2017
ISSUED BY VAIDHEEKAN PERUMBADAPPU MANA
Exhibit R2(C) TRUE COPY OF THE LETTER DATED 22.07.2017
ISSUED BY VAIDHEEKAN THAIKKATTU MANA
Exhibit R2 (D) TRUE COPY OF THE LETTER DATED 16.12.2016
ISSUED BY VAIDHEEKAN PANDAL MANA
Exhibit R2(E) TRUE COPY OF THE LETTER DATED 16.12.2016
ISSUED BY VAIDHEEKAN KAIMUKKU MANA
Exhibit R2(F) TRUE COPY OF THE LETTER DATED 16.12.2016
ISSUED BY VAIDHEEKAN CHERUMUKKU MANA
Exhibit R2(G) TRUE COPY OF THE LETTER DATED 25.01.2017
ISSUED BY VAIDHEEKAN EDAMANA
Exhibit R2(H) TRUE COPY OF THE LETTER DATED 10.04.2017
ISSUED BY THRIKKAIKAT MADOM
Exhibit R2(i) TRUE COPY OF THE LETTER ISSUED BY EXECUTIVE
OFFICER DATED 01.07.2017 TO DEPUTY
COMMISSIONER OF POLICE, SREE PADMANABHA

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W.P.(C)No.20931 OF 2021

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SWAMY TEMPLE SECURITY

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`Exhibit R2(J)`	`TRUE COPY OF THE LETTER ISSUED BY EXECUIVE` `OFFICER DATED 01.07.2017 TO BHAHMASREE` `PARAMESWARAN NAMBOTHRIPAD`
`Exhibit R2(K)`	`TRUE COPY OF THE LETTER ISSUED BY EXECUTIVE` `OFFICER DATED 01.07.2017 TO OFFICER OF` `KAWADIYAAR KOTTARAM, THIRUVANANTHAPURAM`
`EXHIBIT R2(L)`	`TRUE COPY OF THE LETTER ISSUED BY EXECUTIVE` `OFFICER DATED 01.07.2017 TO SRI. K. HARIPAL` `CHAIRMAN, SREE PADMANABHA SWAMY TEMPLE` `ADMINISTRATIVE COMMITTEE`
`Exhibit R2(M)`	`TRUE COPY OF THE REPLY NOTICE ISSUED BY` `CONVENER OF THE AD-HOC COMMITTEE OF THE NSS` `KARAYOGAM`
`Exhibit R2(N)`	`TRUE COPY OF THE FIR NO.1125 OF 2020 DATED` `8.6.2020 REGISTERED BY CHEGANNUR POLICE` `STATION`
`Exhibit R2(O)`	`TURE COPY OF THE OBJECTION FILED BY THE` `PETITIONER TO THE INJUNCTION – I.A.NO.3 OF` `2020 IN O.S.NO.97 OF 2020`
`Exhibit R2(P)`	`TRUE COPY OF THE ORDER DATED 15.12.2020 IN` `I.A.NO.3 OF 2020 IN O.S.NO.97 OF 2020 OF` `THE MUNSIFF COURT, CHENGANNUR`
`Exhibit R2(Q)`	`TRUE COPY OF THE APPLICATION I.A.NO.6 OF` `2021 FOR APPOINTMENT OF RECEIVER IN` `O.S.NO.97 OF 2020`

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`Exhibit R2(R)`	`TRUE COPY OF`	`THE REPLY SUBMITTED BY THE 2`^ND
	`RESPONDENT TO`	`1`^ST`RESPONDENT DATED NIL APRIL`
	`2021`

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Exhibit R2(S) THE TRUE COPY OF THE LETTER DATED 1/7/2017
NO.G380/2017/SPST ISSUED BY EXECUTIVE
OFFICER TO KARUVA MADOM
Exhibit R2(T) THE TRUE COPY OF THE LETTER DATED 1/7/2017
NO.G380/2017/SPST ISSUED BY EXECUTIVE

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W.P.(C)No.20931 OF 2021

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OFFICER TO KOWDIYAR KOTTARAM

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Exhibit R2(U) THE TRUE COPY OF THE LETTER DATED 1/7/2017
NO.G284/2017/SPST ISSUED BY EXECUTIVE
OFFICER TO K.HARIPAL, CHAIRMAN,
ADMINISTRATIVE COMMITTTEE.

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Exhibit R2(V) TRUE COPY OF THE ORDER DATED 26/8/2017
NO.G257/2017/SPST ISSUED BY EXECUTIVE
OFFICER.
Exhibit R2(W) TRUE COPY OF THE LETTER
NO.B23/856/2018/SPST DATED 5/7/2018 ISSUED
BY EXECUTIVE OFFICER TO DISTRICT COLLECTOR,
KANYAKUMARI

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Exhibit R2(X) TRUE COPY OF THE LETTER FOR PUBLICATION
DATED 7/7/2017 ISSUED BY EXECUTIVE OFFICER
TO CITY EDITOR, THIRUVANANTHAPURAM.

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Exhibit R2(Y) TRUE COPY OF THE PHOTOGRAPH ATTACHED TO
EXHIBIT R2(X)

Sreekrishna Vilasam N.S.S. Karayogam No. 698 v. Chairman/ District & Sessions Judge

Case brief

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Sreekrishna Vilasam N.S.S. Karayogam No. 698 v. Chairman/ District & Sessions Judge

Case brief

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What did the court decide?

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