R.Sanalkumar vs State Of Kerala
2022 Latest Caselaw 810 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                        WP(C) NO. 1183 OF 2022
PETITIONER:

          R.SANALKUMAR,
          AGED 72 YEARS,
          S/O.RAGHAVAN, RESIDING AT RANDUTHAIVELIYIL,
          PUNNAPRA NORTH PANCHAYAT,
          ALAPPUZHA- 14.

          BY ADV. PADMALAYAN.P.P.


RESPONDENTS:

    1     STATE OF KERALA,
          REP. BY THE S.H.O.,
          PUNNAPRA POLICE STATION,
          PUNNAPRA, ALAPPUZHA - 14.

    2     PUSHKARAN,
          AGED 60 YEARS,
          S/O.CHAKRAPANI RESIDING AT VELIKKAKATHU VALAPPIL VEEDU,
          PUNNAPARA NORTH PANCHAYAT WARD NO.7,
          ALAPPUZHA - 14.

    3     SABU,
          AGED 55 YEARS,
          S/O.CHAKRAPANI,
          VELIKKAKATHU VALAPPIL VEEDU,
          PUNNAPARA NORTH PANCHAYAT WARD NO.7,
          ALAPPUZHA- 14.

    4     R.BINISH CHANDRAN,
          AGED 36 YEARS,
          S/O.RAMACHANDRAN,
          RESIDING AT KALLUNKAL VELI,
          PUNNAPRA NORTH P.O., ALAPPUZHA- 14,
          SECRETARY TO PARAVUR SREE SUBRAHMANYA
          SWAMI TEMPLE TRUST, REG.NO.A 166/2009,
          PARAVOOR, ALAPPUZHA - 14.

          SRI.APPU P.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1183/2022

                                  2




                          JUDGMENT

Dated this the 17th day of January, 2022

The petitioner, whose family owns Paravur Sree

Subrahmanya Swami Temple, Paravur P.O., Punnapra,

Alappuzha, has filed this writ petition seeking to stay the

Special General Body Meeting proposed to be held on

16.01.2022 convened as per Ext.P6 notice dated 29.12.2021

by the 4th respondent, who is a stranger to the property in the

Final Decree in O.S.No.244/1994.

2. The petitioner submits that he was the Managing

Trustee of the Paravur Sree Subrahmanya Swami Temple.

The said Temple is situated in their family property. There

was a Partition Suit and a final decree was passed on

06.03.2015 in O.S.No.244/1994 of Sub Court, Alappuzha.

3. Now, the 4th respondent, who is not a member of

the family and who is not a party to the O.S., is trying to WP(C).No.1183/2022

convene a General Body Meeting of the Trust. The 4 th

respondent has no business to convene such a meeting

since he is not a member of the family and he is not a party

to the decree in the Civil Court. Therefore, the petitioner

prays that this Court may pass orders staying the Special

General Body Meeting proposed to be held on 16.01.2022.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the 1 st

respondent.

5. The issue agitated by the petitioner is one relating

to a private family Temple. There is nothing on record to

show that it is a Temple having the character of a public

Temple. When issue matter relates to a dispute regarding a

private family Temple, writ jurisdiction of this Court under

Article 226 of the Constitution of India cannot be invoked.

The writ petition therefore fails and it is dismissed.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.1183/2022

APPENDIX OF WP(C) 1183/2022

PETITIONER'S EXHIBITS:

Exhibit P1 THE COPY OF THE KALIYAMPARAMBU VALAPPIL FAMILY TRUST NO.278/2015 DATED 06/11/2015 WAS REGISTERED BY THE PETITIONER TO ADMINISTRATOR THE AFFAIRS OF THE FAMILY TEMPLE., Exhibit P2 THE COPY OF THE PRELIMINARY DECREE DATED 26/09/1977 IN O.S.NO.244/1994 BY THE SUB COURT, ALAPPUZHA.

Exhibit P3 THE COPY OF FINAL DECREE DATED 06/03/2015 IN I.A.NO.1145/2008 IN O.S.NO.244/1994 OF THE SUB COURT, ALAPPUZHA.

Exhibit P4 THE COPY OF THE COMMON JUDGMENT DATED 11/08/2020 OF THE SESSIONS COURT ALAPPUZHA AGAINST 2 & 3 RESPONDENT IN CRL.APPEAL NO.111/2019 & CR.APPEAL NO.98/2019 Exhibit P5 THE COPY OF THE CASE STATUS PRINT OUT DATED 11/01/2022 SHOWING THE PENDENCY OF CR.R.P.NO.695/2020 FILED BY THE PETITIONER AGAINST THE INADEQUACY OF SENTENCE AGAINST THE RESPONDENTS 2 & 3 IN HEREIN CC NO.476/2020 IS STILL PENDING CONSIDERATION OF THIS HON'BLE COURT.

Exhibit P6 THE COPY OF THE NOTICE DATED 29/12/2021 CONVENING A SPECIAL GENERAL BODY MEETING OF THE PARAVUR SREE SUBRAHMANYA TEMPLE TRUST NO.A166/2019 BY HE 4TH RESPONDENT AS ITS SECRETARY. Exhibit P7 THE COPY OF THE CAVEAT PETITION NO.

(UNNUMBERED)/2022 FILED BY THE 4TH RESPONDENT AGAINST THE PETITIONER BEFORE THE MUNSIFF COURT, ALAPPUZHA.