SREEPATHI UNNITHAN Vs. RAMACHANDRAN UNNITHAN

JUDGEMENT

(1.) THIS petition is filed by one Sreepathi Unnithan claiming to be the Manager of the temple trust since 16.06.2012, challenging the order dated 01.01.2013 on I.A.No.2839 of 2010 in O.S.No.199 of 1957 of the First Additional District Court, Kollam.

(2.) THAT is a suit for framing a scheme. First respondent filed I.A.No.2839 of 2010 against the second respondent and one Narayanan Unnithan describing them as the Manager and Deputy Manager of the trust for an order that he be appointed as a member of the advisory committee. That application was allowed by order dated 01.01.2013.

(3.) A scheme was framed for management of the temple on 29.11.1974. The amended scheme came into force on 10.08.1976. First respondent claimed, in I.A.No.2839/2010 that he is the eldest male member in the Sakha of Bhavani Itti and hence he is entitled to be appointed as a member of the advisory committee of the temple. The second respondent and Narayanan Unnithan who were the respondents in I.A.No.2839 of 2010 claimed that the Sakha of Bhavani Itti is represented by Anandavalli Itti Amma, sister of Bhavani Itti and that Chellamma Itti who is the senior most member of the Sakha is unable to attend its meetings on account of physical ailments. They also contended that the first respondent is only a junior member of the Sakha and has interest adverse to that of the temple.