High Court Kerala High Court

V.N.Savithri vs V.N.Sekhara Panicker on 30 January, 2010

Kerala High Court
V.N.Savithri vs V.N.Sekhara Panicker on 30 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3080 of 2010(O)


1. V.N.SAVITHRI, RESIDING AT KUTTANCHERRY
                      ...  Petitioner
2. UNNIKRISHNAN, ALATHIYOOR NAMBIYILLAM,
3. GIRIJA  ALATHIYOOR NAMBIYILLAM,
4. MAHESWARI ALATHIYOOR NAMBIYILLAM,
5. JAYASREE ALATHIYOOR NAMBIYILLAM,
6. NARAYANAN NAMBOOTHIRI, PANTHAVOOR MANA
7. RAJAN NAMBOOTHIRI PANTHAVOOR MANA
8. LEELA ANTHARJANAM, KATTANCHERRY MANAYIL
9. HARAN NAMBOOTHIRI   KATTANCHERRY MANAYIL
10. NANDINI,  KATTANCHERRY MANAYIL
11. UMADEVI,  KATTANCHERRY MANAYIL
12. SUBHADRA  KATTANCHERRY MANAYIL
13. NARAYANAN NAMBOOTHIRI KATTANCHERRY MANAY
14. K.SAVITHIRI  KATTANCHERRY MANAYIL
15. V.INDIRA, PANTHAVOOR MANA,
16. JAYANANDAN NAMBOODTHIRI KUTTANCHERRY
17. SREEDEVI ANTHARJANAM, ALATHIYOOR
18. K.RADHA, KUTTANVCHERRY MANA,
19. SOBHANA,KUTTANVCHERRY MANA,
20. HARI NAMBOOTHIRI,KUTTANVCHERRY MANA,
21. K.SREEDEVI, KIZHAKKEKUNNEL MANAYIL,
22. SAVITHRI ANTHARJANAM, ALATHIYUR MANAYIL,

                        Vs



1. V.N.SEKHARA PANICKER,
                       ...       Respondent

2. N.S.SKARAYOGAM NO.2486,

3. MARUTHORVATTOM SREE DHANWANTHARI TRUST,E

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/01/2010

 O R D E R
                     V. RAMKUMAR, J.
                  = = = = = = = = = = = = =
                   W.P.(c).No.3080 of 2010
                 = = = = = = = = = = = = = =
           Dated this the 30th day of January, 2010

                         JUDGMENT

The writ petitioners are the plaintiffs in

O.S.No.82/1999 on the file of the Sub Court, Cherthala. The

petitioners are members of the Malayala Brahmin

Community and members of an Illam by name Velludu Illam

at Vadakkancherry. The said suit is one for modification of

Ext.P1 Scheme settled by the Sub Court, Cherthala in

O.S.No.23/1988 in respect of the administration of a private

temple by name Maruthorvattom Sri. Dhanwanthari

Vilasam Bhagavathi temple. Eventhough the evidence in

the suit has already been closed, the suit is still pending and

has not been disposed of yet. As per Ext.P1 Scheme settled

by the Sub Court, Cherthala in O.S.No.23/1988, the

administration of the temple is with a committee consisting

of 8 members besides the President, Secretary, Manager

and two nominees of the Illam. Out of them the President

W.P.(c)No.3080 of 2010
2

and the Manager are to be the life members. The

President, who was appointed as per the Scheme, was one

Sreedhara Panicker who is now no more. The life time

Manager appointed as per the Scheme is the 1st respondent

one V.N. Sekhara Panicker. The existing Scheme

contemplates the appointment of a new President or a new

Manager in case the existing President or Manager is

unable to perform his functions due to absence or

resignation. As per Ext.P1 Scheme the appointment of a

new President or the Manager is to be made by the

Maruthovattom Dhanwanthari Vilasam NSS Karayogam. It

was apprehending the appointment of a new Manager by

the N.S.S Karayogam that the petitioners filed

I.A.No.2133/2009 before the court below seeking

permission to appoint a new Manager from among the

members of the Illam. The court below as per Ext.P4 order

dated 7.1.2010 dismissed the said application holding, inter

alia, that if at all a new Manager is to be appointed, that can

W.P.(c)No.3080 of 2010
3

be done only by the Maruthovattom Dhanwanthari Vilasam

NSS Karayogam, as per Ext.P1 Scheme and that there is no

need to interfere with the administration of the temple by

the court permitting the appointment of a new Manager.

The order passed by the court below cannot be faulted,

since going by the provisions of Ext.P1 Scheme, the

authority competent to appoint a new Manager is the

aforesaid NSS Karayogam . The court below has observed

in paragraph 7 of the impugned order that there is no need

for interference by the Court with the administration of the

temple by appointing a new Manager.

3. The present grievance of the petitioner is that the

NSS Karayogam is contemplating to appoint a new Manager

in the place of Sri.V.N.Sekhara Panicker the existing

Manager on the ground that he is unable to perform the

functions of the Manager due to illness. In the first place

the petitioners did not move the court below for any

prohibitory order against NSS Karayogam appointing a new

W.P.(c)No.3080 of 2010
4

Manager. Secondly, Ext.P1 contemplates appointment of a

new Manager only if the existing Manager is unable to

perform his functions as such either due to absence or on

account of resignation. When both the above contingencies

have not arisen, it is doubtful whether a new manager could

be appointed either by the NSS Karayogam or from among

the members of the Illam by recourse to the provisions of

Ext.P1 Scheme. The question of appointing a new Manager

even if it arises can be done only in accordance with Ext.P1

Scheme which has not been modified so far.

Under these circumstances, I am not inclined to

interfere with Ext.P4 order passed by the court below. This

writ petition is accordingly dismissed leaving it to the

petitioners to move the court below in case there is an

attempt by the NSS Karayogam to appoint a new Manager.

Dated this the 30th day of January, 2010.

V. RAMKUMAR, JUDGE

sj