DEVI VILASAM NAIR KARAYOGAM Vs. THRIKKONNAMARKODU DEVASWOM

JUDGEMENT

(1.) THE dispute involved in this original petition relates to the right of the petitioner Karayogam to nominate representatives to the general body of the first respondent Devaswom.

(2.) THE administration of the first respondent Devaswom is governed by Ext.P14 scheme framed by the Court of the District Judge of Kollam on 17.2.1978 in O.S.No.1 of 1976. As per the scheme, the general body of the Devaswom consists of representatives nominated by the Karayogams of 6 Karas of Thalavoor Village in Pathanapuram Taluk, Kollam District. It is inter alia stipulated that only those Nair Karayogams which are either affiliated to the Nair Service Society or registered as an independent Karayogam and have been in existence for a period of 2 years and represent 35% of the Nair houses situate in their respective Karas can nominate representatives to the general body of the first respondent Devaswom. It also stipulated that if in a Kara there is more than 1 Karayogam representing 35% of the Nair houses, the number of representatives shall be shared equally, but when any particular Karayogam ceases to represent 35% of the Nair houses, it will not have the right to nominate representatives to the general body of the first respondent Devaswom until it once again represents 35% of the Nair houses in its Kara. It is however stipulated that the representatives already nominated will continue to hold office for the normal term, which is stipulated as three years. As per the scheme, the representatives from each of the Karas have to be elected one month before the first of Chingam and the office bearers and the members of the executive committee have to be elected on the first of Chingam.

(3.) IN that suit, the second respondent filed I.A.No.779 of 2010 for an interim order of injunction in terms of the relief of injunction prayed for in the plaint. The petitioner herein resisted the suit contenting interalia that in the light of clause 34 of Ext.P14 scheme, the suit is not maintainable. That contention was accepted and I.A.No.779 of 2010 was dismissed by order passed on 17.6.2010. The suit was held to be not maintainable and the plaint was rejected by order passed on 20.7.2010. Shortly thereafter, the second respondent filed I.A.No.1705 of 2010 in O.S.No.1 of 1976 (Ext.P1 in the instant original petition) wherein it prayed for an order directing the first respondent herein to allow all of its nominees to be members of the general body of the first respondent Devaswom to be reconstituted with effect from 1st Chingam 1186 (ME) and allow them to participate in the meetings of the Devaswom. The second respondent also prayed for an interim order of injunction restraining the first respondent herein from allowing the nominees, if any of the second counter petitioner in that application (the petitioner herein) to be members of the first respondent Devaswom or to participate in the meetings of the Devaswom. The petitioner as well as the first respondent herein filed separate objections resisting the application. Though mediation talks were held, that application was dismissed as withdrawn in view of subsequent events by order passed on 3.9.2013.