GOVINDAN NAIR Vs. GOPALAKRISHNA SHARMA

JUDGEMENT

(1.) Four persons claiming themselves to be worshippers of a temple applied for leave to institute a suit for settling a scheme for administration and management of the temple Leave was granted by the District Judge as provided in S.92 of the Code of Civil Procedure (for short 'the Cods'). The petitioner herein opposed the application for leave and hence he is aggrieved as the lower court granted leave.

(2.) The scheme is for the administration of "Kozhuvalloor Bhagavathi Temple". It is claimed that the said temple originally belonged to the Illom of which the persons who applied for leave are members. Under a partition arrangement, the senior most male member of the Illom was authorised to manage and administer the affairs of the temple. According to the applicants, the earlier efforts to confer the power of temple administration on the Hindu public of the locality did not succeed due to rivalry among them and the affairs of the temple reached a torpid stags when bickerings persisted for long. It is contended that a public religious trust has been created for the temple and it is for the administration of the said trust that a scheme has become a pressing need. Hence the applicator seeking leave to institute a suit. Petitioner, while resisting the application for leave, contended that the temple is being managed by N.S.S. Karayogam pursuant to a grant made by alt members of the Kozhuvalloor Madom conferring management of the temple on the aforesaid body.

(3.) Learned District Judge perused the averments set out in the draft plaint produced. As the suit is for settlement of a scheme for the administration of the temple, learned District Judge accorded leave on a prima facie satisfaction that a public trust of religious nature does exist in respect of the temple properties.