LEKSHMI NARASIMHA MOORTHY Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition under Article 227 of the Constitution of India, filed at the instance of the plaintiffs, raises two important questions. First one is regarding the applicability of Section 28 of the Kerala Court Fees and Suits Valuation Act, 1959 (in short, "the Court Fees Act") in respect of a suit filed by the principal deities in a temple, a public religious trust. Second question is, what will be the legal effect on the plaintiffs succeeding in a challenge, against an order passed by the trial court directing them, in an uncontested suit reserved for judgment, to correct the jurisdiction value and pay court fee under a specified provision of the Court Fees Act, where the suit itself was rejected under Order VII of the Code of Civil Procedure, 1908 (in short, "the Code") during the pendency of the challenge The reliefs sought for in Ext.P1 plaint are as follows:

(2.) Petitioners are deities in temples, who are represented by next friends.

(3.) Alappuzha Ananthanarayanapuram Thuravoor Thirumala Devaswom is a Hindu religious trust. It is a public trust. The trust is represented by its president, 2nd defendant in the suit. Trust is managing the temples figuring in the suit, one situated at Alappuzha and the other at Thuravoor.