Kerala High Court
Adv K. Gopinathan vs The Oachira Parabrahma Temple Trust on 3 November, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:83494
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 38227 OF 2025
PETITIONERS:
1 ADV K. GOPINATHAN
AGED 95 YEARS
S/O.KOCHUKRISHNAN, SREERANGAM, PUTHUPPALLY THEKKU,
PUTHUPPALLY P.O, ALAPPUAZHA DISTRICT, PIN - 690527
2 K. P. CHANDRAN
AGED 64 YEARS
S/O KUNJU PANICKER UDAYAN VATHUKKAL
KARAZHMA,VALLIKUNNAM P.O., MAVELIKKARA, ALAPPUAZHA
DISTRICT, PIN - 690501
3 SATHYAN
AGED 60 YEARS
S/O.GOPINATHA PILLAI, THOTTATHIL VEEDU, VAYANAKAM,
NJAKKANAL, OACHIRA P.O, KOLLAM DISTRICT, PIN - 690526
4 M. GOPALAKRISHNA PILLAI
AGED 67 YEARS
S/O.MATHUPILLAI, KUNNELTHEKKATHIL, PAYIKKUZHI MURI,
OACHIRA P.O, KOLLAM DISTRICT, PIN - 690526
5 P. PRAKASAN
AGED 68 YEARS
S/O PANKAJAKSHAN, AYYATHU VEEDU, VALIYAZHEEKKAL,
VALIYAZHEEKKAL P.O ALAPPUZHA, PIN - 690535
BY ADVS.
SRI.ABDUL JAWAD K.
SMT.A.GRANCY JOSE
SMT.AYSHA A.A.
W.P.(C) No.38227 of 2025 2025:KER:83494
2
SMT.A.A.AMRITHA SREELAKSHMI
RESPONDENTS:
1 THE OACHIRA PARABRAHMA TEMPLE TRUST
REPRESENTED BY ITS ADMINISTRATOR, OACHIRA P.O., KOLLAM
DISTRICT, PIN - 690526
2 THE RETURNING OFFICER
OACHIRA PARABRAHMA TEMPLE TRUST OACHIRA P.O., KOLLAM
DISTRICT, PIN - 690526
3 PREMNADH
MAKUNNEL PUTHUPALLY SOUTH DEVIKULANGARA, PUTHUPALLY
P.O., ALAPPUZHA DISTRICT, PIN - 690527
4 RANJITH BALACHANDRAN
MANNUPURATH VALIYAZHEEKAL P.O., ALAPPUZHA DISTRICT,
PIN - 690535
5 GOPI K.
G. S. BHAVANAM, KARAYMA, VALLIKUNNAM P.O., MAVELIKKARA
TALUK, ALAPPUZHA, PIN - 690501
6 SUDAKARAN K.
ROHINI NIVAS, VAYANAKAM, NJAKANAL OACHIRA P.O.,
KOLLAM, PIN - 690526
7 M. K. JAYACHNADRAN
ASHRAMATHIL, PUTHUPPALLY THEKKU, PUTHUPALLY P.O.,
ALAPPUZHA DISTRICT, PIN - 690527
8 SASIKUMAR
S/O.KOCHUPILLAI, PANIKKASSERI VEEDU PUTHUPPALLY THEKK
MURI, PUTHUPPALLY P.O. ALAPPUZHA DISTRICT, PIN -
690527
W.P.(C) No.38227 of 2025 2025:KER:83494
3
BY ADVS.
SRI.M.KIRANLAL
SRI.DINESH R.SHENOY
SMT.K.G.BINDU
SMT.ARATHI B.S.
SMT.SHANTHIPRIYA D. SHENOY
SHRI.MOHAMED SHALI NAMSHAD
SHRI.ANANDA SUBRAMANIAM
SRI.R.RAJESH (VARKALA)
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SHRI.HARISANKAR R
SMT. AASHI K. SHAJAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 30.10.2025, THE COURT ON 03.11.2025 DELIVERED
THE FOLLOWING:
W.P.(C) No.38227 of 2025 2025:KER:83494
4
V.G.ARUN, J
=================
W.P.(C).No.38227 of 2025
=================
JUDGMENT
Dated this the 3rd day of November, 2025
The writ petition is filed seeking the following
reliefs;
"I. To call for the records leading to Ext.P12 and to quash
the same by issuing a writ of certiorari.
II. To issue a writ of mandamus or any other appropriate
writ or order or direction commanding the 2 nd respondent to
accept the nomination of the petitioners and to include their
names in the final list of candidates contesting for the election to
W.P.(C) No.38227 of 2025 2025:KER:83494
the Pothubharana samithi which is scheduled to be held on
09.11.2025."
2. The impugned Ext.P12 order is issued by
the 2nd respondent, the Returning Officer appointed
for conducting election to the three Committees of
the Oachira Parabrahma Temple. The facts essential
for deciding the writ petition are as under;
The management of the Oachira Parabrahma
Temple and its institutions is vested with three elected
committees viz., Pothubharana Samithi (General
Body), Pravarthaka Samithi (Working Committee) and
Karyanirvahana Samithi (Executive Committee). The
procedure is for the enrolled devotees from the 52
Karas mentioned to elect 260 members to the
Pothubharana Samithi. The members of the
Pothubharana Samithi will then elect 61 members to
W.P.(C) No.38227 of 2025 2025:KER:83494
the Pravarthaka Samithi and those 61 members will
elect 11 members to the Karayanirvahana Samithi
consisting of President, Vice president, Secretary and
Treasurer. The election process to the three
committees commenced pursuant to Ext.P2 notification
of the Returning Officer and nomination papers were
submitted by aspirants. During scrutiny of the
nomination papers, objection was raised against the
candidature of the petitioners on the ground that they
had incurred disqualification as per Clause 34 of Ext.P1
Byelaws. The objector contended that the 1 st petitioner
was removed from the post of Secretary and from
membership of the Karyanirvahana Samithi by a no
confidence motion passed on 08.04.2019 and the other
petitioners, from the Pravarthaka Samithi, through a
no confidence motion passed on 25.12.2019. The
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petitioners submitted their reply to the objection and
the Returning Officer, after hearing the parties, issued
Ext.P12 order upholding the objection and rejecting the
nomination papers of the petitioners.
3. Learned Counsel for the petitioners
contended that the impugned order is ex facie illegal
and the Returning Officer had acted in a partisan
manner. The impugned order was passed without
even verifying the originals of the minutes of the
meetings in which the so called no confidence
motions against the petitioners were passed. That
too, despite the petitioners' contention that no such
no confidence was passed by any duly convened
committee. It is the contention of the petitioners that
the Pravarthaka Samithi, as per its decision dated
07.04.2022, had declared the no confidence motions
W.P.(C) No.38227 of 2025 2025:KER:83494
dated 08.04.2019 and 24.12.2019 to be invalid.
Instead of considering that contention, the Returning
Officer relied on the non-existent no confidence
motions to hold the petitioners disqualified from
contesting the election.
4. Learned Counsel appearing for the
Returning Officer raised a preliminary objection as to
the maintainability of the writ petition. It is submitted
that the election is being conducted in accordance
with the directions of the Hon'ble Supreme Court in
Ext.P6 judgment, wherein it is directed that the
parties shall raise all issues touching upon their
rights, scheme, etc. before the trial court in the final
decree proceedings.
5. Learned Counsel for respondents 3 to 8
further submitted that, after 1st petitioner's expulsion
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from the post of Secretary and the Karyanirvahana
Samithi, he filed a suit before the Vacation Court,
Kollam and obtained an ex parte order of injunction
by contending that the Secretary-in-Charge elected
after the 1st petitioner's expulsion and the other
members of the committee had been removed as per
no confidence motion dated 06.04.2025. The suit
filed by the 1st petitioner was numbered as O.S. 184
of 2019 on the files of the Munsiff's Court,
Karunagappally and Ext.R3(b) order passed,
restraining the 1st petitioner from forcibly taking over
the administration of the temple and causing
obstruction to its smooth administration or
interfering in the meetings convened by the
Karyanirvahana Samithi. Even though the 1st
petitioner challenged Ext.R3(b) order before the
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Subordinate Judge's Court, Kanjirappally, his Civil
Miscellaneous Appeal was dismissed by Ext.R3(c)
judgment. Undeterred, the 1st petitioner moved the
High Court, but without success. Thereafter, the 1 st
petitioner not pressed his suit and by Ext.R3(d)
judgment, the suit was dismissed as not pressed. In
the light of the concurrent orders/judgments and
dismissal of the suit itself, it is no longer open for the
1st petitioner to contend that the no confidence
motion by which he was removed from the
Committee, is not in subsistence. Learned Counsel
also drew attention to Exts.R3(g), R3(h) and R3(i) to
point out that this Court has consistently dismissed
the writ petitions filed in connection with the dispute
relating to the administration of the Oachira
W.P.(C) No.38227 of 2025 2025:KER:83494
Parabrahma Temple by holding that the remedy is to
approach the competent civil court.
6. In reply, learned Counsel for the petitioner
relied on the decision of the Apex Court in Andi
Mukta Sadguru Shree Muktajee Vandas Swami
Suvarna Jayanti Mahotsav Smarak Trust and
Others v. V.R. Rudani and Others [(1989) 2 SCC
691] to contend that the words "any person or
authority" is not confined to statutory authorities
and instrumentalities of the state, but would also
take in persons or bodies performing public duty. It
is also contended that this Court, in Ext.P4
judgment, has held the minutes of the meeting
dated 25.12.2019, in which the no confidence
motion against petitioners 2 to 5 was passed, to be
a concocted document.
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7. This court need not delve into the factual
contentions raised by the parties in view of the
categoric directions of the Supreme Court in Ext.P6
judgment. Direction No.(vi) in Ext.P6 grants liberty
only to the Administrative Head appointed by the
Supreme Court to approach the trial court for
clarification/direction relating to the conduct of
election, administration and management of the
temple and its institutions. As per direction No.(x),
the parties have to raise all the issues touching
upon their rights, scheme, etc. before the trial court
in the final decree proceedings. Therefore, the
remedy of the petitioners is to first approach the
Administrative Head with a request to resolve the
issue and seek appropriate remedy from the trial
court, if the request is not acceded to. Being so,
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any interference with the election process by this
Court in exercise of the writ jurisdiction will run
counter to the directions of the Supreme Court.
The writ petition is hence dismissed.
Sd/-
V.G.ARUN
JUDGE
SSK/03/11
W.P.(C) No.38227 of 2025 2025:KER:83494
APPENDIX OF WP(C) 38227/2025
PETITIONER EXHIBITS
Exhibit - P1 A TRUE COPY OF THE BYE LAWS OF THE OACHIRA
TEMPLE TRUST
Exhibit - P2 A TRUE COPY OF THE ELECTION NOTIFICATION
DATED NIL PUBLISHED BY THE 2ND RESPONDENT
Exhibit - P3 A TRUE COPY OF THE JUDGMENT DATED
02/03/2020 IN RFA 562/2010 ON THE FILE OF
THIS HON'BLE COURT
Exhibit - P4 A TRUE COPY OF THE ORDER DATED 25/03/2022
Exhibit - P5 A TRUE COPY OF THE PROCEEDINGS OF THE
MINUTES OF THE PRAVARTHAKA SAMITHI DATED
07/04/2022 ALONG WITH THE EMAIL DATED
07/04/2022 OF THE THEN ADMINISTRATOR
Exhibit - P6 A TRUE COPY OF THE ORDER DATED 03/12/2024
OF THE HON'BLE SUPREME COURT IN CIVIL
APPEAL NO.13708-13709/2024
Exhibit - P7 A TRUE COPY OF THE REPORT OF THE LEARNED
ADVOCATE COMMISSIONER DATED 20/05/2022
FILED BEFORE THIS HON'BLE COURT
Exhibit - P8 A TRUE COPY OF THE JUDGMENT DATED
14/07/2025 IN OP(C).NO. 1433/2025
Exhibit - P9 A TRUE COPY OF THE REPORT OF THE LEARNED
ADVOCATE COMMISSIONER DATED16/06/2022 ALONG
WITH THE ORDERS OF HON'BLE SUPREME COURT
Exhibit - P10 A TRUE COPY OF THE WRITTEN OBJECTION DATED
06/10/2025 BY SRI.S. JAYAPRAKASH BEFORE THE
2ND RESPONDENT
Exhibit - P11 A TRUE COPY OF THE REPLY STATEMENT
SUBMITTED BY THE PETITIONERS DATED
11/10/2025 BEFORE THE 2ND RESPONDENT
Exhibit - P12 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT DATED 13/10/2025
RESPONDENT EXHIBITS
W.P.(C) No.38227 of 2025 2025:KER:83494
EXHIBIT R2(a) True photocopy of Exhibit A1 in Exhibit P12
order, minutes dated 8/4/2019 of the Karya
Nirvahana Samithi.
EXHIBIT R2(b) True photocopy of Exhibit A2 in Exhibit P12
order - Minutes of Karya Nirvahana Samithi
dated 25/12/2019.
EXHIBIT R2(c) True photocopy of Exhibit A3 in Exhibit P12
order - Common Order in IA No 903/2019 and
904/2019 in OS No 184/2019 Munsiff Court,
Karunagapally.
EXHIBIT R2(d) 8. True photocopy of Exhibit A4 in Exhibit
P12 Order- Common Judgement in CMA No
13/2019 and 14/2019, Sub Court,
Karunagapally.
EXHIBIT R2(e) True photocopy of Exhibit A5 in Exhibit P12
order - judgement dated 22/1/2020 in OP (C)
No 3251/2019 High Court of Kerala .
EXHIBIT R2(f) True photocopy of Exhibit B2 in Exhibit P12
order - Judgement dated 17/6/2023 in OS No
184/2019, Munsiff Court, Karunagapally
Exhibit R3(a) True copy of Minutes of the Executive
Committee Meeting held on 08/04/2019
Exhibit R3(b) True copy of the said Common Order passed
by the Munsiff's Court, Karunagappally
dated 05/07/2019
Exhibit R3(c} True copy of the Common Judgment dated
11/12/2019 in CMA13/2019 and CMA 14/2019 of
the Sub Court Karunagappally
Exhibit R3(d} True copy of the Common Judgment dated
22/01/2020 in OP(C) No. 3251/2019 and OP(C)
No. 3252/2019 of the Hon'ble Court
Exhibit R3(e} True copy of the Minutes of the Working
Committee meeting held on 25/12/2019
Exhibit R3(f} True copy of the Minutes of the Working
Committee meeting held on 07/04/2022
Exhibit R3(g} True copy of the Judgment dated 25/10/2022
in W.P.(C) No. 30152/2022 of the Honorable
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Court
Exhibit R3(h} True copy of the Judgment dated 17/02/2025
in W.P.(C) No. 5853 of 2025 of the
Honorable Court
Exhibit R3(I} True copy of the Judgment dated 19/06/2025
PETITIONER EXHIBITS
Exhibit - P13 A true copy of the plaint in O.S 174/2025
on the file of Munsiff Court, Karunagapally
Exhibit - P14 A true copy of the counter affidavit filed
by the defendants 5 and 7 in IA 1/2025 in
OS 174/2025 on the file of Munsiff Court,
Karunagapally
TRUE COPY
P.A. TO JUDGE
