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V.T.Vinod vs Kumar Kayippuram Poojaveli Sree Maha Vishnu Kshethrayogam

High Court Of Kerala · Decided on 16 March 2022 · Citation: (2022) 03 KL CK 0122

HON’BLE JUDGES
K.Babu, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) NO. 521 Of 2022
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Judgment

17 paragraphs · 368 words

K.Babu, J

1.

The order dated 03.03.2022 in I.A.No.31/2022 in O.S.No.9/2021 of the Principal Munsiff's Court, Cherthala, is under challenge in this Original Petition filed under Article 227 of the Constitution of India.

2.

The matter relates to the management of Kayippuram Poojaveli Sree Maha Vishnu Kshethram. The defendants in the original suit are the petitioners. The plaintiffs are the respondents.

3.

The original suit was filed for a declaration that defendants 1 and 2 ceased to have the right to hold the post of the Secretary and Joint Secretary respectively of the Managing Committee of the Temple.

4.

During the course of proceedings, the plaintiffs filed I.A.No.31/2022, seeking direction to conduct the festival. The Trial Court allowed the application by which the plaintiffs were given control over all matters in connection with the festival.

5.

The petitioners challenge the abovesaid order in this original petition. It is submitted by the petitioners that the festival is to be conducted jointly by the representatives of the Cheruvaram committees, and the Secretary has to make all arrangements for conducting the festival. The festival is scheduled to commence on 18.03.2022.

6.

Heard both sides.

7.

Both sides agreed to appoint an Advocate Commissioner to supervise the conduct of the festival.

8.

Resultantly,

(i) The order dated 03.03.2022 in I.A.No.31/2022 is set aside.

(ii) Advocate Sri.B.Balanand, a member of Cherthala Bar Association, is appointed as Advocate Commissioner to supervise all aspects relating to the conduct of the festival.

(iii) All persons concerned may assist the Advocate Commissioner to discharge his duties.

(iv) The Advocate Commissioner is at liberty to seek the assistance of the Police to maintain law and order.

(v) The receipt books to be used for the collection of contributions in connection with the conduct of the festival shall be issued under the seal of the Advocate Commissioner.

(vi) The parties shall submit a statement relating to the accounts till this date (16.03.2022) to the Advocate Commissioner.

9.

The Advocate Commissioner shall submit a report before the Trial Court within one month after the conclusion of the festival. The Trial Court shall decide the remuneration to be given to the Advocate Commissioner.

The Original Petition is disposed of as above.