RENJITH Vs. PEZHUMTHURUTHU OTTAPLAVILA SREEBHADRA DEVI TEMPLE

JUDGEMENT

(1.) The prayers in this Original Petition (Civil) filed under the enabling provisions contained in Art.227 of the Constitution of India are as follows:

(2.) Heard Sri.R.Nikhil, learned counsel appearing for the petitioners/defendants. In the nature of the order that is proposed to be passed in this petition, notice to the respondents/plaintiffs will stand dispensed with.

(3.) The petitioners herein are the defendants in O.S.No. 827/2016 on the file of the Addl. Munsiff's Court, Kollam. The said suit has been filed by the respondents herein/plaintiffs claiming to be the President, Secretary and committee member of the Bharana Samithi of Pezhumthuruthu Ottaplavila Sree Bhadra Devi Kshethram, in terms of committee decision rendered on 15.6.2016. The gist of the plaint averments is that on 15.6.2016, defendants 1 to 5 along with henchmen, had allegedly trespassed into the 1st plaintiff's property and broke open the kshethram kanicka vanchi and appropriated the amounts from it. The defendants further put a new lock to the office room, about which the 3rd plaintiff informed the East Kallada Police Station and filed a complaint in that regard. But that due to the political influence of the defendants, the local Police failed to initiate appropriate proceedings based on the complaint. That then defendants 6, 7 and 8 have instigated the other defendants to cause obstructions in the management of the temple and created hindrances to the day to day affairs claiming that they are the office bearers of the kshethram. That the defendants are not the office bearers of the 1st plaintiff kshethram and do not have the authority to manage the kshethram and so the above mentioned suit was filed for declaring that the managing committee prevalent during January 2016 is legally entitled to manage the 1st plaintiff kshethram and consequently, they seek a permanent prohibitory injunction to restrain the defendants from disposing any asset of the 1st petitioner kshethram and from breaking open the almirah locker and from disposing the 587 items of gold articles kept in the locker placed in the office of the 1st plaintiff Kshethram.