IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12449 of 2009(O)
1. R.SUSEELAN, ASANTAYYATH,
... Petitioner
2. AJITH KUMAR, RAMA BHAVANAM,
3. S.JAYAPRAKASH,
Vs
1. N.SADANANDAN, RETURNING OFFICER,
... Respondent
2. ADV. G.MOHANRAJ,
3. ADV. SREEDEVI AMMA,
4. ADV. K.BHARGAVAN,
For Petitioner :SRI.K.SUBASH CHANDRA BOSE
For Respondent :SRI.N.D.PREMACHANDRAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :06/10/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.12449 of 2009 - O
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Dated this the 6th day of October, 2009
J U D G M E N T
Petitioners are the third plaintiff and defendants 14 and 15
in O.S.No.1 of 2006 on the file of the 1st Additional District Court,
Kollam. The reliefs claimed in the writ petition are the following:
“i) To set aside /quash Ext.P16 and 17 orders
in I.A.No.1666 of 2008 and 1673/2008 in
O.S.No.1/2006 passed by the 1st Additional District
Court, Kollam dated 7.4.2009 and Exhibit P18 notice
issued by 1st respondent by issuing a writ of certiorari
or any other appropriate writ, direction or order.
ii) To issue a direction directing 1st Additional
District Court, Kollam to pass reasoned orders in
Exts.P10 to P13 and P15 petitions within a time frame
fixed by this Honourable Court, and in the meanwhile
direct the 1st respondent to keep in abeyance the
election to the Pravarthaka Samithi to the Oachira
Parabrahma Temple Bharanasamithi.
iii) To pass an interim order staying all further
proceedings on Exhibit P18 till the disposal of this writ
petition.”
2. The above suit has been filed to frame a scheme in
respect of the administration of a temple, namely, Parabrahma
W.P.(C).No.12449 of 2009 – O
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Temple, Oachira. Several writ petitions have been filed after the
institution of the suit before this Court canvassing one or other
disputes touching the affairs of the temple. In W.P.(C).No.22507
of 2009 which was disposed of by this Court by judgment dated
15.9.2009, a time limit has been fixed for completing the election
to the administrative committee of the temple and also for
disposal of the suit after recording evidence. It is submitted by
the learned counsel for the fourth respondent in compliance of
the directions given the election process is now over with the
election to the office bearers of the committee completed on
5.10.2009. In the present writ petition disputes are canvassed
as regards the election conducted over the working committee
and the general assembly since4 such objections have been
deffered by the court below for consideration after completion of
the election process. Two other petitions (Exts.P12 and P13)
moved with respect to the conduct of election, it is submitted, are
also pending for consideration before the court below awaiting
consideration and orders. Whatever that be, while disposing of
W.P.(C).No.22507 of 2009 this Court has reserved the right of
W.P.(C).No.12449 of 2009 – O
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the parties to raise their disputes over the election before the
trial court and a further direction was also made that the court
below shall consider such disputes raised and pass appropriate
orders. When such directions are already given, I find no further
directions need be passed in the present writ petition. Moreover
a time limit has also been fixed in the above writ petition for
expeditious trial and passing of appropriate orders making it clear
that the elected body now formed can continue subject only to
the time limit fixed by the court, since if a scheme is ordered to
be framed by the court in the suit, a fresh election may be
warranted. Suffice to state that the court below shall consider
any objection raised with respect to the election conducted,
complying with the directions given in the judgment under the
previous writ petition.
Subject to the above observation, the writ petition is closed.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-