JAYAN K V Vs. K P MOHANKUMAR

JUDGEMENT

(1.) THE dispute concerns the renovation of a temple situated in a property kept common in a suit for partition. The property is in custodia legis and the Advocate Receiver is in management. The court below by order dated 15.02.2010 on receiver's report No. 124 directed the festival committee in office to conduct 'Ashtamangalya Prasnam' and to renovate the temple. The order also indicates that the estate will not be burdened on this count and that the collections of the festival committee will be utilised for renovation.

(2.) THE court below by order in I.A. No. 3489/2010 dated 20.12.2010 directed the festival committee to be dissolved immediately after the festival of the year 2011. The Advocate Receiver was also directed thereunder to elect a new festival committee for the year 2012. The Advocate Receiver filed report No. 150 seeking permission to convene a meeting for electing the festival committee as directed. The court below by order dated 19.11.2011 on receiver's report No. 150 and permitted the receiver to convene a meeting for this purpose. This order is challenged by the President of the festival committee, 2010 in this Original Petition under Article 227 of the Constitution of India.

(3.) THE Receiver shall convene a meeting to elect a new festival committee during the month of December, 2012. The new festival committee shall be in office on or before 01.01.2013. Such a direction is given since the next festival is in March, 2013. The order of the court below on receiver's report No. 150 is affirmed subject to the above modification.