Disposed

Kamalamma v. Chellamma Itty

Kerala HC4 Jan 2024OP(C)/2721/2023

Case brief

AI extract

What is this about?

The Kerala High Court in an original civil petition about temple management disputes directed the Sub Judge at Kollam to hear and dispose of applications regarding the appointment of Manager and Deputy Manager within two months, prioritizing Manager appointments due to lack of controversy.

What did the court decide?

Directs the Sub Judge at Kollam to hear and dispose of the cited applications regarding temple management appointments within two months, considering Manager appointments first.

Kamalamma Vs Chellamma Itty — Property and Title | Kerala HC (2024)

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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 C. JAYACHANDRAN

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THURSDAY, THE 4^TH DAY OF JANUARY 2024/14TH POUSHA, 1945

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OP(C) NO.2721 OF 2023

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AGAINST THE ORDER/JUDGMENT IN OS 199/1957 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT/COMMERCIAL COURT,

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KOLLAM

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PETITIONER:

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KAMALAMMA, AGED 70 YEARS, D/O.BHARGAVI ITTY AMMA, HAVING PERMANENT RESIDENCE AT AMMACHIVEEDU, DEVI NAGAR NO.42, THIRUMULLAVARAM P.O, KOLLAM, PIN – 691012.

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BY ADVS. SAIJO HASSAN NAGARAJ NARAYANAN RAFEEK. V.K. U.M.HASSAN DEVI.R.SENS SARITHA K. PHILLIP VARGHESE THOMAS

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RESPONDENTS:

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1 CHELLAMMA ITTY, PARAPURA AMMACHIVEEDU, KAIKULANGARA, KOLLAM, PIN – 691009.

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2 B.RAMACHANDRAN UNNITHAN, S/O.BHASKARA PILLAI, AGED 76 YEARS, RESIDING AT AMMACHIVEEDU, KAIKULANGARA NORTH, KOLLAM, PIN – 691009.

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3 N.SOMASEKHARAN UNNITHAN, S/O.LEELA ITTY, AGED 77 YEARS, RESIDING AT AMMACHIVEEDU, DEVI NAGAR, THIRUMULLAVARAM P.O, KOLLAM, PIN – 691012.

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4 PRAVEENJAYARAJ, AGED 29 YEARS, S/O.JAYARAJAN, RESIDING AT KARALI HOUSE, KOTTAPURAM, KULUKILIYAD, PALAKKAD, PIN – 678583.

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5 RAMAKANTH, AGED 35 YEARS, S/O.KUMARIKUNJAMMA, RESIDING AT VANIYANTAZHIKATHU VEEDU, KALLUVATHUKKAL, KOLLAM, PIN – 691578.

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OP(C) No.2721 of 2023

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6 DIVYA MOHAN, AGED 39 YEARS, D/O.KAMALAMMA, NOW RESIDING AT "MOHANAM", DIVINE NEST, VILLA NO.2, THUTHIYOOR, CSEZ P.O, KAKKANAD, ERNAKULAM, HAVING PERMANENT RESIDENCE AT AMMACHIVEEDU, DEVI NAGAR NO.42, THIRUMULLAVARAM P.O, KOLLAM, PIN – 691012. 7 MINI MOHAN.G, AGED 48 YEARS, D/O.G.MOHANAN UNNITHAN, RESIDING AT AMMACHIVEEDU, DEVI NAGAR NO.42, THIRUMULLAVARAM P.O, KOLLAM, PIN – 691012.

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*ADDL.R8 NEETHU APPUKUTTAN, AGED 38 YEARS, D/O.GEETHA ITTY, RESIDING AT AMMACHIVEEDU, DEVI NAGAR NO.15, THIRUMULLAVARAM, P.O, KOLLAM WEST VILLAGE, KOLLAM-691012.

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[*ADDL.R8 IS IMPLEADED AS PER ORDER DATED 04.01.2024 IN I.A.NO.1/2023] BY ADVS. SUSANTH SHAJI JANI.A BHANU THILAK SASITH M.R SIDHARTH O.(K/1206/2019) ALBIN A.JOSEPH(K/1299/2020) S.R.PRASANTH

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) No.2721 of 2023

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JUDGMENT

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Dated, this the 4^th January, 2024

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The petitioner is a member of the family temple, which is governed by Ext.P1 Scheme. She seeks expeditious disposal of Exts.P3 to P7 applications in this Original Petition.

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2. Heard the learned counsel for the petitioner

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and the respondents. Also heard the learned counsel for the impleading petitioner, who preferred I.A. No.410/2023 before the Sub Court, Kollam, which is exhibited in this Original Petition as Ext.R8(a). Yet another person had preferred an impleading petition before this Court as I.A. No.3/2023.

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3. Learned counsel for the petitioner submits that the person, who was holding the post of Manager, as also, the Deputy Manager passed away on 03.11.2023. As per Ext.P1 Scheme, the Manager and the Deputy

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OP(C) No.2721 of 2023 - 4 -

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Manager has to be appointed by the Court as per the Scheme. So far as the Manager is concerned, the senior most male member has to be appointed. As far as the Deputy Manager is concerned, a member of the family, who is adequately qualified and best suited, has to be appointed in terms of clause as 1(E) of Ext.P1 Scheme. While Ext.P3 and P4 applications are for appointment to the post of Manager, Ext.P5 to Ext.P7 applications pertain to the post of Deputy Manager. Ext.R8(a) is also an interlocutory application preferred by a family member staking claim to the post of Deputy Manager.

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4. This application was opposed by the respondents to the limited extent that Exts.P3 and P4 applications have to be considered first and after appointment of the Manager, Exts.P5, P6 and P7 applications can be considered, so that the Manager to be appointed, will also have a say in the matter of appointment of the Deputy Manager. This was

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OP(C) No.2721 of 2023

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stiffly resisted by the learned counsel for the petitioner, pointing out that the Manager has absolutely no role in the matter of appointment of Deputy Manager. The Deputy Manager has to be appointed as per Scheme, by the Court.

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5. Leaving aside the rival contentions in this regard, this Court directs the learned Sub Judge, Kollam, where O.S.No.199/1957 is pending, to hear and dispose of Exts.P3 to P7 and Ext.R8(a) applications, within a period of two months from the date of receipt of a copy of this judgment. Exts.P3 and P4 applications may be considered first, since it involves no serious controversy as regards the qualification of the person to be appointed as the Manager. At any rate, all the applications including Ext.R8(a) shall be disposed of within the time frame as stipulated above. This direction will not affect the interim arrangement made by the Sub Court, Kollam for the conduct of

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OP(C) No.2721 of 2023

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the festival, which commenced on 03.01.2024.

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This Original Petition is disposed of, as

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above.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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OP(C) No.2721 of 2023

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APPENDIX OF OP(C) 2721/2023

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PETITIONER EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE FINALIZED SCHEME
	DATED 10.08.1976 IN O.S NO.199 OF 1957 OF THE HONOURABLE SUBORDINATE JUDGE'S COURT, KOLLAM.
EXHIBIT P2	THE TRUE COPY OF THE DEATH CERTIFICATE OF ADVOCATE G.MOHANANUNNITHAN DATED 17.11.2023.
EXHIBIT P3	THE TRUE COPY OF THE PETITION DATED 03.10.2022 FILED BY THE 2ND RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A.NO.327 OF 2022 IN O.S NO.199 OF 1957 CLAIMING THE POST OF MANAGER.
EXHIBIT P4	THE TRUE COPY OF THE PETITION DATED 07.10.2015 FILED BY THE 3RD RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.2068 OF 2015 IN O.S NO.199 OF 1957 CLAIMING THE POST OF MANAGER.
EXHIBIT P5	THE TRUE COPY OF THE PETITION DATED 28.11.2023 FILED BY 4TH AND 5TH RESPONDENTS BEFORE THE PRINCIPAL SUB
	COURT, KOLLAM AS I.A NO.396 OF 2023 IN O.S NO.199 OF 1957 CLAIMING THE POST OF DEPUTY MANAGER.
EXHIBIT P6	THE TRUE COPY OF THE PETITION DATED 26.11.2023 FILED BY 6TH RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.387 OF 2023 IN O.S NO.199 OF 1957 CLAIMING THE POST OF DEPUTY MANAGER.
EXHIBIT P7	THE TRUE COPY OF THE PETITION DATED 29.11.2023 FILED BY 7TH RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A
	NO.393 OF 2023 IN O.S NO.199 OF 1957 CLAIMING THE POST OF DEPUTY MANAGER.

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OP(C) No.2721 of 2023

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EXHIBIT P8

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THE TRUE COPY OF THE PETITION DATED 04.12.2023 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.406 OF 2023 IN O.S NO.199 OF 1957 TO URGENTLY APPOINT A DEPUTY MANAGER AND MANAGER FOR AMMACHIVEEDU MOORTHI TEMPLE FOR THE COMMENCEMENT OF THE ANNUAL FESTIVAL.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R8(A) TRUE COPY OF THE I.A DATED 11-12-2023 IN I.A NO.410/2023 IN O.S NO.199/1957 PENDING BEFORE THE PRINCIPAL SUBORDINATE JUDGES COURT, KOLLAM.

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EXHIBIT R3(A) TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 22/11/2023 IN I.A NO.377/2023 IN O.S NO.199/1957 ON THE FILES OF THE PRINCIPAL SUB COURT, KOLLAM.

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EXHIBIT R3(B) TRUE PHOTOSTAT COPY OF THE ORDER DATED 06/12/2017 IN I.A NO.1333/2016 IN O.S NO. 199/1957 ON THE FILES OF THE FIRST ADDITIONAL DISTRICT COURT, KOLLAM.

Kamalamma v. Chellamma Itty

Case brief

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Kamalamma v. Chellamma Itty

Case brief

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