GOPALAKRISHNA MARAR MEEENAKSHI MARASIAR Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) The challenge raised by the petitioners is against the alleged inaction on the part of the respondent Devaswom Board in giving effect to Ext.P3 order with regard to the 'Sambanthi Adiyanthiram'-a 'Karaima right' exercised by the Peruvanam Marath Tharwad in connection with the affairs of 'Peruvanam Mahadeva Temple' and the steps proposed to appoint other persons to perform such rights, as per Ext.P6 notice. The delay in disposing of Ext.P5 representation, (claiming appropriate relief) is also under challenge, besides seeking for a declaration that "Karaima Sambandhi Adiyannthiram" right which was being exercised by the Peruvanam Marath Tharwad stands vested upon the first petitioner and his duly appointed successor (2nd petitioner) in the light of Ext.P3 order.

(2.) Heard Mr. S.V. Balakrishna Iyer, the learned Sr. Counsel appearing for the petitioners, Mr. Ranjith Thampan, the learned Sr. Counsel appearing for the respondents 3 and 4, Mr. V. Krishna Menon, the learned Standing Counsel for the Devaswom Board and Mr. M.P. Sreekrishnan, the learned counsel appearing for the party respondents concerned.

(3.) As mentioned above, the dispute is with regard to 'Karaima Sambandhi Adiyanthiram' right which was being enjoyed by the Peruvanam Marath Tharwad, which came to be decided in favour of two different Thavazhies of the said family as per Ext.P1 Partition Deed (executed in the year 1122 M.E. Of Oorakam S.R.O) and Ext.P2 Agreement executed on the same day, i.e. 25th Edavam 1122 M.E. With regard to the sequence of events, it will be relevant to note that the common ancestor by name Madhavi Marassiar had three children by name Narayana Marar, Lakshmikutty Marassiar and Parukutty Marassiar. There were further lineal descendants as well from the female members. Ext.P1 Partition deed was executed (in the year 1122 M.E. of Oorakam S.R.O)among the members of the Tharwad, whereby Lakshmikutty Marassiar and her lineal descendants were shown as Thavazhy No.1, whereas Parukutty Marassiar and others under her were shown as Thavazhy No.2. The petitioners herein belong to the second Thavazhy. The third respondent is the son of the late Sankunni Marar, who belongs to the 1st Thavazhy, and the 4th respondent is the son of the younger brother of Sankunni Marar (by name Kochunni Marar), who also belongs to the 1st Thavazhy. The main dispute is between the petitioners and respondents 3 and 4, while the Addl. Respondents 5 to 19 appear to be supporting the case of the petitioners, and they are stated as the members of the 2nd Thavazhy.