Kerala High Court
Ullalthi Sree Devi Bhandaram ... vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
RSA NO. 190 OF 2021
OS 28/2011 OF SUB COURT,KASARAGOD
AS 49/2018 OF III ADDITIONAL DISTRICT COURT,KASARAGOD
APPELLANT/RESPONDENT/PLAINTIFF:
ULLALTHI SREE DEVI BHANDARAM (CHITHARI CHAVADI) REPRESENTED BY
P.RANGATHRAI BALLAL, NOW AGED 70 YEARS, S/O. SUBRAYA BALLAL, EJMAN
OF PAIVALIKE BALLAL ARASU KUTUMBA, RESIDING AT CHITHARI, PAIVALIKKE
VILLAGE AND PAIVALIKE P.O., KASARAGOD DISTRICT-671348.
BY ADVS.K.SHRIHARI RAO,SMT.N.SHOBHA,
RESPONDENTS/APPELLANTS/DEFENDANTS:
1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL
STATION, KASARAGOD, KASARAGOD DISTRICT-671121.
2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, MINI
BYPASS ROAD, ERANHIPALAM, KOZHIKODE-673006.
3. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KANHANGAD AT
NILESHWAR, P.O.NILESHWAR, KASARAGOD-671314.
4. THE EXECUTIVE OFFICER, SRI. GOPALAKRISHNA TEMPLE, KUMBLA,
P.O.KUMBLA, KASARAGOD DISTRICT-671321.
5. SATHEESH BALLAL, AGED 62 YEARS,S/O.LATE SUBRAYA BALLAL, NECHIPADPPU
HOUSE, MULLORA P.O. KASARAGOD-671543 ( SOUGHT TO BE IMPLEADED )
6. KARUNAKARA RAI, AGED 63 YEARS, S/O.LAKKANNI RAI, KALLIGE BEEDU,
P.O.PAIVALIKA, KASARAGOD-671348 ( SOUGHT TO BE IMPLEADED )
7. SADANANDA RAI, S/O.KITTANNA RAI, KALLIGE BEEDU HOUSE,
P.O.MEEYAPADAVU, VIA MENJESHWAR, KASARAGOD-671323( SOUGHT TO BE
IMPLEADED )
8. JAGADEESHA SHETTY,S/O.KRISHNA SHETTY URMI HOUSE, P.O.PAIVALIKA, VIA
UPPALA, KASARAGOD-671322( SOUGHT TO BE IMPLEADED )
BY ADV.GOVERNMENT PLEADER
This Regular second appeal having come up for orders on 13.04.2023,
the court on the same day passed the following:
M.R.ANITHA, J.
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R.S.A.No.190 of 2021
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Dated this the 13th day of April, 2023
ORDER
1. I.A.No.1/2023 filed to implead the
petitioners/proposed additional respondents as additional
respondents 5 to 9.
2. I.A.No.2/2023 filed to receive Annexures R5(a)
to R5(c) as additional documents in the R.S.A.
3. I.A.No.3/2023 filed to direct the respondents 2
to 4 to grant possession of the key of the temple and locker
which contains the gold ornaments of the deity for the conduct
of the annual festival to be held from 09.05.2023 to 11.05.2023,
under the supervision of the respondents in the R.S.A.
4. I.A.No.4/2023 filed to modify the interim order
dated 24.02.2021 in the R.S.A.
5. When the above I.As came up for hearing,
learned counsel for the 1st respondent/appellant raised serious
R.S.A.No.190 of 2021
objection in allowing the impleading petition and the connected
other I.As. In the said circumstances, the learned counsel for the
petitioners presses for making arrangements for conducting the
annual festival of the temple. Learned counsel for respondents
2 & 3 in the R.S.A submits that the annual festival to be
conducted and learned counsel for the petitioners as well as
respondents 2 & 3 in the R.S.A have no objection in conducting
the festival by the 1st respondent/appellant, in view of the order
of status quo passed by this Court. The learned counsel for the
1st respondent/appellant submitted that festival is to be
conducted from 09.05.2023 to 11.05.2023.
6. On going through the records, it is seen that the
suit has been filed for declaration, perpetual injunction and
mandatory injunction and the trial court decreed the suit
declaring that Sri. Ullathi Sree Devi Bandaram (Chithari
Chavadi) is a private chavadi belonging to Ballal Arasu Kutumba
and the provisions of the H.R. & CE Act and Rules are not
applicable and consequential reliefs were also granted.
7. In appeal, the first appellate court reversed the
R.S.A.No.190 of 2021
judgment and decree passed by the trial court and found that the
plaintiff failed to prove that plaint schedule temple is a private
temple of the plaintiff's family and the plaintiff is a notified
temple under Section 38 of H.R. & C.E. Act and accordingly the
appeal was allowed and the judgment and decree passed by the
trial court is set aide.
8. This Court admitted the second appeal and an
interim order was passed on I.A.No.1/2021 on 24.02.2021
directing both parties to maintain status quo for a period of four
months, which was being extended on subsequent postings.
9. In the above facts and circumstances, in view of
the submission made by the learned counsel for the petitioners,
respondents 2 and 3 in R.S.A. as well as the appellant,
permission is hereby granted to the 1st respondent/appellant in
this petition to conduct the annual festival starting from
09.05.2023 to 11.05.2023 of Sri. Ullathi Sree Devi Bandaram
(Chithari Chavadi). The proposed additional respondents may
not cause any obstruction in conducting the festival. It is
submitted by the learned counsel for the petitioners that they will
R.S.A.No.190 of 2021
also co-operate in the conduct of the festival.
10. The appellant shall file a report about the
conduct of the festival with accounts within three weeks after the
festival.
All the I.A.s are posted for objection.
H/o. Sd/-
M.R.ANITHA
shg JUDGE
13-04-2023 /True Copy/ Assistant Registrar
