RAMACHANDRAN PILLAI Vs. SIVANDANDAGARI @ RAMAKRISHNA PILLAI

JUDGEMENT

(1.) THE challenge is to Ext.P13, order dated 20.11.2012 on I.A.No.897 of 2012 in O.S.No.6 of 1985 of the Additional District Court, Kollam. That is a suit filed by the plaintiff in that suit for framing a scheme for the suit properties claiming that the properties belonged to the Asramam of which the parties to that suit are members. As per the decision of this Court in R.F.A. No.21 of 2007 a scheme was framed for the Asramam. This Court permitted the parties concerned to move appropriate application in the Additional District Court, Kollam for discharge of the receiver appointed for the properties. Pursuant to that, I.A.No.1984 of 2011 was filed in the Additional District Court for discharge of the receiver. The receiver took steps to hand over the temple situated in an item of the properties to the parties to the suit. There occurred some dispute regarding that. As directed by the Additional District Court, the receiver submitted Exts.C1 to C3, inventory, mahazar and sketch in that court. From Exts.C1 to C3 learned Additional District Judge found that there is a temple situated in an item of the properties.

(2.) WHILE so, the petitioners filed I.A.No.897 of 2012 in the Additional District Court, Kollam seeking permission to conduct daily poojas and annual festival in the temple. They also raised various contentions including that the temple though originally belonged to Kanjiyil family, is now a public temple. It is also their contention that the properties of the temple were dedicated to the deity. In the circumstances they sought permission to conduct daily poojas and annual festival.

(3.) THE learned Additional District Judge observed that as per the scheme framed as per the order of this Court in R.F.A.No.21 of 2007, any dispute regarding the functioning of the Asramam could be raised only by its members. The petitioners not being members of the Asramam have no locus standi to file I.A.No.897 of 2012 or seek permission to conduct daily poojas and annual festival in the temple. Observing so, I.A.No.897 of 2012 was dismissed by Ext.P13, order which is under challenge.