Kerala High Court
G.Saseendran vs Deity Installed In Vakkom Puthen ... on 29 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
OP(C).No.776 OF 2021
AGAINST I.A.NO.7/2021 AND I.A.NO.8/2021 IN OS 71/2004 OF PRINCIPAL
SUB COURT,ATTINGAL
PETITIONER (PLAINTIFF NO.3):
G.SASEENDRAN, S/O.GOVINDAN,
HINDU, EZHAVA, AGRICULTURIST, AGED 55 YEARS,
KONNACHIRA THODIYIL VEEDU, VAKKOM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695308.
BY ADVS.
SRI.K.B.PRADEEP
SHRI.HARISANKAR R
SMT.PRIYA MARY P.L.
RESPONDENTS/(DEFENDANTS & PLAINTIFFS 4, 5 & 8):
1 DEITY INSTALLED IN VAKKOM PUTHEN MUKKALUVATTOM
BHAGAVATHY TEMPLE AT VAIKOM, REPRESENTED BY ITS
PRESIDENT R. PRIYADARSI, AGED 60 YEARS,
S/O. RAGHAVAN, RESIDING AT MANEESHA, MELARKAZHIKOM,
VAKKOM DESOM AND VILLAGE,
THIRUVANANTHAPURAM, PIN - 695308.
2 R.PRIYADARSI
S/O. RAGHAVAN, ADVOCATE, MANEESH MELARKAZHIKOM,
VAKKOM VILLAGE AND DESOM(PRESIDENT), PIN - 695308.
3 A.K. SAJEEV
S/O. KUNJAN, HINDU, EZHAVA, COMPANY EMPLOYEE,
AGED 32 YEARS, RESIDING AT KUZHIKKANAM, VAKKOM
VILLAGE AND DESOM, (VICE PRESIDENT) PIN - 695308.
4 G. MANIKUMAR,
AGED 38 YEARS
S/O. GURUDASAN, HINDU, EZHAVA, GOVERNMENT SERVANT,
RESIDING AT ARCHANA, VAKKOM VILLAGE AND
DESOM(SECRETARY), PIN - 695308.
5 PRATHEESHRAJ, AGED 26 YEARS
S/O. BABU RAJ, HINDU, EZHAVA, STUDENT, RESIDING AT
RAJ BHAVAN, VAKKOM VILLAGE AND DESOM (JOINT
SECRETARY) PIN - 695308.
OP(C).No.776 OF 2021
2
6 AJAYAGHOSH, AGED 29 YEARS
S/O. MANIDAS, EZHAVA COMPANY EMPLOYEE, RESIDING AT
VARIL VEEDU, VAKKOM VILLAGE AND DESOM (TREASURER)
PIN - 695308.
7 R.PRADEEP, AGED 43 YEARS
S/O. RAGHAVAN, HINDU, EZHAVA AGRICULTURIST,
RESIDING AT MELARKAZHIKOM, VAKKOM VILLAGE AND DESOM
(MEMBER) PIN - 695308.
8 VEERENDRA SIMHAN, AGED 44 YEARS
S/O. VAMADEVAN, AGRICULTURIST, HINDU, EZHAVA,
RESIDING AT KURANDICHIRA, VAKKOM VILLAGE AND DESOM
(MEMBER) PIN - 695308.
9 S.KOUSALYA, AGED 72 YEARS
D/O. SEKHARAN, RETIRED GOVERNMENT SERVANT, HINDU,
EZHAVA, RESIDING AT PANIKKAKUDI, VAKKOM VILLAGE AND
DESOM(MEMBER) PIN - 695308.
10 S.PRASAD, AGED 42 YEARS
S/O. SUNDARAN, HINDU, EZHAVA, GOVERNMENT SERVANT,
RESIDING AT VARIL VEEDU, VAKKOM VILLAGE AND DESOM
(MEMBER) PIN - 695308.
11 PURUSHOTHAMAN, AGED 65 YEARS
S/O. VASU, HINDU, EZHAVA AGRICULTURIST, RESIDING AT
MEDAYIL PADINJARE VEEDU, VAKKOM VILLAGE AND DESOM
(MEMBER) PIN - 695308.
12 KRISHNAKUMAR, AGED 29 YEARS
S/O. BABURAJ, HINDU, EZHAVA STUDENT, RESIDING AT
VCB MANDIRAM, VAKKOM VILLAGE AND DESOM (MEMBER) PIN
- 695308.
13 CHANDRA BABU, AGED 62 YEARS
S/O. GOPALAN, RESIDING AT LALITHA BHAVAN,
POIKAMUKKU, AVANAVANCHERY VILLAGE, PIN - 695103.
14 S.BINI, AGED 41 YEARS
S/O. SIVADASAN, RESIDING AT SUDHANJALI,
VAKKATHUVILAKOM, VAKKOM P.O, PIN - 695308
15 RAVEENDRAN, S/O. PADMANABHAN, OORUKONATH VEEDU,
CHERUKARAM PULLAYIL, KODUVAZHANNOOR VILLAGE,
PIN - 695612.
OP(C).No.776 OF 2021
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16 MOHANKUMAR
S/O. GOPALAN, RESIDING AT DWARAKA, MARKET ROAD,
ATTINGAL, PIN - 695101.
17 VAKKOM PUTHEN MUKKALUVATTOM BHAGAVATHY KSHETHRA
SAMITHI,
A SOCIETY REGISTERED UNDER TRAVANCORE COCHIN
LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES ACT,
REPRESENTED THROUGH ITS SECRETARY, MANIKUMAR, S/O.
GURDASAN, GOVERNMENT SERVANT, ARCHANA, VAKKOM DESOM
AND VILLAGE, PIN - 695308.
18 K. SUGATHAN,
HOUSE NO. 22, AKG NAGAR, AVANAVANCHERY VILLAGE, PIN
- 695103.
19 N. HARIHARAN
RESIDING AT GOURI, KAYIKKARA, VAKKOM VILLAGE
THIRUVANANTHAPURAM, PIN - 695308.
20 S. JAYARAJ
RESIDING AT SAMBHU NIVAS, VAKKOM VILLAGE
THIRUVANANTHAPURAM, PIN - 695308.
21 K.R RAJMOHAN,
COURT RECEIVER, VISHAKH COMPLEX, ATTINGAL, PIN -
695101.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.776 OF 2021
4
JUDGMENT
The petitioner herein is the 3 rd plaintiff in
O.S.No.71/2004 on the file of Sub Court, Attingal. This
original petition is filed seeking issue of direction to the
Sub Court, Attingal for an early disposal of Ext.P1
application (i.e., I.A.No.7/2021 in O.S.No.71/2004)
within a time frame to be fixed by this Court.
2. The learned counsel appearing for the petitioner submits
that a copy of this original petition was served on the
counsel appearing for the contensting respondents. It is
further submitted that the annual poojas of the temple
have to be performed within a period which commences
on 07.04.2021 and ends on 13.04.2021. Though, Ext.P1
application was filed before the court below for grant of
permission to conduct annunal poojas for the aforesaid
period, it was not yet taken up for urgent consideration
and disposal despite of the fact that the petitioner
requested for an early hearing.
OP(C).No.776 OF 2021
3. Considering the urgency expressed by the petitioner, it
is only just and proper to call upon the court below to
take up Ext.P1 application for urgent consideration and
dispose it of finally as early as possible, in accordance
with law and after hearing parties.
4. In the result, this original petition is allowed calling
upon the court below to take up Ext.P1 application
(i.e., I.A.No.7/2021 in O.S.No.71/2004) for urgent
consideration and pass final orders thereon at any rate
before commencement of annual poojas scheduled to
take place 07.04.2021. It is directed that the parties on
either side shall co-operate with the court below.
5. The court below shall send a report of compliance of
this judgment forthwith.
Original petition is disposed of accordingly.
Sd/-
T.V.ANILKUMAR, JUDGE
AMV/29/03/2021
OP(C).No.776 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF IA NO.7 2021 IN OS NO.71 OF
2004.
EXHIBIT P2 TRUE COPY OF INTERLOCUTORY APPLICATION
FILED FOR EARLY HEARING OF I.A NO.7/2021
IN OS NO.71 OF 2004, DATED 23.03.2021.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
