The Deity, Thennoor Sreekanda ... vs N.S.S. Karayogam Represented By ...
2022 Latest Caselaw 4843 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MR.JUSTICE BASANT BALAJI
    FRIDAY, THE 29TH DAY OF APRIL 2022/9TH VAISAKHA, 1944
                      O.P.(C) NO.789 OF 2022
        (AGAINST THE ORDER DATED 10.12.2021 IN OS 511/2019
              OF MUNSIFF COURT, THIRUVANANTHAPURAM)
PETITIONER/PLAINTIFFS:

    1       THE DEITY, THENNOOR SREEKANDA SASTHA TEMPLE
            REPRESENTED BY ITS SECRETARY,
            GOPALAKRISHNAN K, AGED 56 YEARS,
            THENNOOR SREEKANDA SASTHA TEMPLE,
            THENNOOR, SANTHIVILA, NEMOM P.O.,
            KALLIYOOR VILLAGE, THIRUVANANTHAPURAM,
            PIN - 695 020.
    2       R. KESAVAN NAIR, AGED 75 YEARS,
            RAMNIVAS, THENNOOR SREEKANDA SATHA TEMPLE,
            THENNOOR, SANTHIVILA, NEMOM P.O.,
            KALLIYOOR VILLAGE, THIRUVANANTHAPURAM,
            PIN - 695 020
            BY ADVS.
            ALIAS M.CHERIAN
            AJAI ALIAS CHALAPPURAM
            BRISTO S PARIYARAM
            K.M.RAPHY
            NEENU ANNA BABU

RESPONDENT/DEFENDANT:

            N.S.S. KARAYOGAM,
            REPRESENTED BY ITS PRESIDENT P. RAJEEVKUMAR,
            AGED 56 YEARS, SREELEKSHMI HOUSE,
            SANTHIVILA, NEMOM P.O., PIN - 695 020

     THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.789 of 2022

                                       :2:




                           BASANT BALAJI, J.
            -------------------------------------------------
                        O.P.(C) No.789 of 2022
              ----------------------------------------------
                       (Dated: 29th April, 2022)

                                 JUDGMENT

This original petition is filed with the following prayers:

1. To call for all the records leading up to Ext.P7 and direct the Hon'ble Munsiff Court, Thiruvananthapuram or the Hon'ble District (Vacation Court), Thiruvananthapuram to take up and dispose of Ext.P8/Review petition on an early date and till then direct the parties to Ext.P1/Suit to maintain status quo in respect of the affairs of the 1 st petitioner/Temple and its properties.

2. To direct the Hon'ble Munsiff Court, Thiruvananthapuram to issue certified copy of the orders in Ext.P5 and P6 /petitions and certified copy of Ext.P7/order to the petitioners and till then the operation and implementation Ext.P7/order may be stayed.

It is submitted by learned counsel for the petitioners

that, Exts.P5 and P6 petitions were heard by the learned

Munsiff and orders are passed. Ext.P7 order was passed

rejecting the plaint. Petitioners have already applied for the O.P.(C) No.789 of 2022

certified copy, but not yet received. Hence, there shall be a

direction to the Munsiff Court, Thiruvananthapuram to

issue certified copy of the orders in Ext.P5 and Ext.P6

petitions and certified copy of Ext.P7 order, within one

month from today, if the application is in order. Till the

certified copy of the order is issued, Ext.P7 shall stand

stayed.

Sd/-

BASANT BALAJI, JUDGE

ss O.P.(C) No.789 of 2022

APPENDIX OF OP(C) 789/2022

PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE PLAINT IN O.S NO 515 OF 2019 ON THE FILE OF MUNSIFF COURT, THIRUVANANTHAPURAM Exhibit2 A TRUE COPY OF THE ORDER DATED 26/06/2019

OF 2019 PASSED BY THE MUNSIFF COURT, THIRUVANANTHAPURAM Exhibit3 TRUE COPY OF THE ORDER DATED 28/09/2020 IN CMA NO 228 OF 2019 PASSED BY THE HON'BLE DISTRICT COURT THIRUVANTHAPURAM Exhibit4 TRUE COPY OF ORDER DATED 23/10/2021 IN O.S. NO. 515 OF 2019 PASSED BY THE MUNSIFF COURT THIRUVANTHAPURAM Exhibit5 TRUE COPY OF THE PETITION I.A NO 7 OF 2021 IN O.S NO 515 OF 2019 ON THE FILE OF MUNSIFF COURT THIRUVANTHAPURAM Exhibit6 TRUE COPY OF THE PETITION I.A NO 6 OF 2021 IN O.S NO 515 OF 2019 ON THE FILE OF MUNSIFF COURT, THIRUVANTHAPURAM Exhibit7 TRUE COPY OF ORDER DATED 10/12/2021 IN O.S. NO 515 OF 2019 PASSED BY THE MUNSIFF COURT THIRUVANTHAPURAM Exhibit8 TRUE COPY OF THE REVIEW PETITION I.A NO 744 OF 2021 IN O.S NO 515 OF 2019 ON THE FILE OF MUNSIFF COURT, THIRUVANTHAPURAM Exhibit9 TRUE COPY OF THE STATEMENT OF OBJECTION FILED IN I.A NO 744 OF 2021 IN O.S NO 515 OF 2019 ON THE FILE OF MUNSIFF COURT, THIRUVANTHAPURAM Exhibit10 TRUE COPY OF THE PETITION I.A NO 02 OF 2022 IN O.S NO 515 OF 2019 ON THE FILE OF O.P.(C) No.789 of 2022

MUNSIFF COURT, THIRUVANTHAPURAM Exhibit11 TRUE COPY OF THE COMPLAINT DATED 22/04/2022 SUBMITTED BEFORE THE ASSISTANT COMMISSIONER OF POLICE, NEMOM FORT POLICE STATION, Exhibit12 TRUE COPY OF THE COMPLAINT DATED 22/04/2022 SUBMITTED BEFORE THE CITY POLICE COMMISSIONER THIRUVANTHUPARAM CITY Exhibit13 TRUE COPY OF THE RECEIPT NO. 95/DPTN/2022 ACF DATED 22/04/2022 ISSUED FROM THE OFFICE OF ASSISTANT COMMISSIONER OF POLICE, NEMOM FORT POLICE STATION, THIRUVANTHUPARAM Exhibit14 TRUE COPY OF THE RECEIPT NO. G9/32071/2022 /TC DATED 22/04/2022 ISSUED FROM THE OFFICE OF IG & COMMISSIONER OF POLICE, THIRUVANTHUPARAM CITY.