V.M. SASI Vs. KISHORE AND ORS.

JUDGEMENT

(1.) Can a personbelongsto the sect of 'Veluthedathu Nair' be treated as 'Nair' and can he be treated as a 'Malayalee Savarna Hindu' within the meaning of Exhibit P4 By-laws of the 'Paramekkavu Devaswom'

(2.) The 3rd defendant in O.S.No.2628 of 2013 of the Munsiff's Court, Thrissur is the petitioner herein. The suit is one filed by the 1st respondent as plaintiff for a decree of mandatory injunction for the removal of the name of the petitioner herein, who is the 3rd defendant, from the membership register of the Paramekkavu Devaswom, on the ground that the 3rd defendant, who belongs to 'Veluthedan' caste is not coming within the definition of 'Savarna Hindu' and therefore, he is not qualified and entitled to be a member of the 'Paramekkavu Devaswom'. Along with the suit, Exhibit P1 I.A. No.10026 of 2013 was filed seeking an order of temporary injunction, thereby restraining the 3rd defendant from participating in any of the trusts, committees or administrative body of the 'Paramekkavu Devaswom', or from contesting the election to any of such bodies or to be a member in any of such bodies. Even though the petitioner and defendants 1 and 2 have seriously challenged the said I.A. through counter affidavit, the court below, through Exhibit P5 order, allowed the I.A., thereby restraining the petitioner herein, through an order of temporary injunction, from contesting the election and from holding any post in the new governing body of the 'Paramekkavu Devaswom'.

(3.) The petitioner has challenged Exhibit P5 order, through C.M.A.No.119 of 2013 before the District Court, Thrissur. The learned Ist Additional District Judge, Thrissur has approved the findings entered by the trial court in Exhibit P5 and has virtually recited the order and dismissed the C.M.A., through Exhibit P6 judgment. The said judgment is under challenge.