LAKSHMANAN Vs. PETTAH PUTHENKOVIL BHAGAVATHY TEMPLE

JUDGEMENT

(1.) THE Second Appeal arises from the judgment and decree of the Principal Sub court, Thiruvananthapuram in A.S. No.66 of 2004 confirming the judgment and decree of the Third Additional Munsiff's Court, Thiruvananthapuram in O.S. No.2150 of 1999.

(2.) APPELLANT -plaintiff claimed that as the senior most male member of the Chittattuvilakathu family which along with three other families owned the temple in question, he is entitled to be a member of the 1st respondent-Temple Committee which manages and administers that Temple. He also challenged the selection of the 2nd respondent (belonging to the said family) as a member of that Committee in preference to him. According to him, the selection of the 2nd respondent as a member of the Committee is illegal being in violation of the Scheme framed by the District Court, Thiruvananthapuram in O.S. No.46 of 1116.

(3.) THE trial and first appellate courts found against the claim of the appellant. It was found that the found appellant was not the senior most male member of the family since Bharathan, who belonged to that family was alive on the date of the suit. It was also found that the appellant could not challenge selection of the 2nd respondent as a member of the Committee after about 15 years of the selection on 24.06.1984.