SYAMALA Vs. KOLLAMPUZHA BHAGAVATHY TEMPLE TURST

JUDGEMENT

(1.) Plaintiffs in O.S.No.76 of 1993 before the Court of Subordinate Judge, Attingal are the appellants. Predominant prayer in the suit is to frame a scheme for administration of the affairs of a temple known as Kollampuzha Paravan Vilakathu Bhagavathy Temple. Apart from the above prayer, removal of the defendants, who are functioning as trustees from their office, appointing new trustees, rendition of accounts, etc. are also claimed.

(2.) Gist of allegations in the pleadings are as follows: Plaint schedule properties have an extent of 1.6 acres of dry land and 31 cents of wet land and structures thereon. The structures include kizhakkakath, vadakkakath, bhagavathy temple, nagarkavu, thekkakath, moorthinada, bhandarappura, kuzhippura, trees, well, etc. It is asserted in the plaint that these properties and the structures thereon belonged to Chozhaka Samudayam (Community), most popularly known as Paravars of Chirayinkeezhu Taluk. The predecessors-in-interest of the plaintiffs and all the members of Chozhaka Community of Chirayinkeezhu Taluk contributed money and utensils for the benefit of the deity, viz. Kollampuzha Paravan Vilakathu Bhagavathy. Patta for the plaint schedule properties was issued in the name of Neelan Kumaran for and on behalf of the Community as tax free. Neelan Kumaran conducted poojas in the temple till his death. After his death, some of the elder members of the Community took up management of the plaint schedule properties and temple.

(3.) Subsequently they committed waste by cutting and removing trees from the plaint schedule property. Alleging that reason, one Padmanabhan Anandan instituted O.S.No.869 of 1118 ME before the District Munsiff's Court, Attingal for a declaration that the plaint schedule properties and temple belonged to Chozhaka Community of Chirayinkeezhu Taluk. The suit was one filed under Order I Rule 8 of the Code of Civil Procedure, 1908 (in short, "Code"). It was decreed by the District Munsiff, Attingal on 15.03.1950. A.S.No.791 of 1950 was preferred before the District Court, Thiruvananthapuram. District Court dismissed the appeal on 21.03.1951 confirming the judgment and decree of the trial court. Decree in the appeal has become final. So, title to the plaint schedule properties and temple was declared in favour of Chozhaka Community of Chirayinkeezhu Taluk.