RAVINDRAN Vs. RUGMINI AMMA

JUDGEMENT

(1.) The petitioner seeks to set aside the order dated 10th December, 1976 of the Sub Divisional Magistrate, Palai in M. C No. 3 of 1976. The petitioner is the B party No. 1 in the above case.

(2.) The subject matter of the dispute is the tank "Elikulam" situated in the south western corner of the Thavidazhathu purayidom, in survey No. 16/10 of Vaikom village. The water in the tank was considered as holy and as having curative power in the case of rat poison. The A party in the proceedings claimed that the tank was owned and was being administered by the Thavidazhathu tarwad which they represented and the tarwad used to charge persons who made use of the water thereof. The B party consisting of the Sreekaryam, Santhikaran and the Kazhakakkaran of the Thirumani Venkitapuram temple situated closely asserted right over the tank as agents of the temple. While the disputes were pending, the A party filed the suit, O. S. 481 of 1975 in the Munsiff's Court, Vaikom and got an interim injunction against the B party restraining them from interfering with the management of the tank by the A party. The B party claimed absolute right over the tank as an adjunct to the Thirumani Venkitapuram temple and contended that there is a special "vazhipadu" in the temple by name "Elivisha Vazhipadu''. Devotees used to pay fees for this "Vazhipadu", obtain receipts and use the water of the tank, a part of the Vazhipadu. The contention of the B party was that the mother of A party No. 1 was a "Kazhakakkari," of the temple and as a Kazhakakkarishe used to provide flower garlands to the persons who perform vazhipadu in the temple and for that service she was being paid "Dakshina". The B party contended that apart from this 'Dakshina", the A party was not entitled to any right in the tank.

(3.) The injunction was vacated on 17-1-1976 after hearing both parties. The suit O. S. 481 of 1975 was dismissed on 27-11-76 on the basis of a petition for permission to withdraw it in view of another suit already filed.