(1) Can a trustee of a private trust transform the trust into a public charitable trust?

(2) whether the 'Uraima' right being exercised by an 'Uraller” of a temple is transferable to a third party?

(3) Whether Pannivizha Peedikayil Bhagavathy Temple and its properties have acquired the status of a public charitable trust?

(4) Whether the properties acquired in the name of the deity of Pannivizha Peedikayil Bhagavathy Temple are properties dedicated by the members of Edamnana Illom?

(5) Whether the eldest male member of the Edamnana Illom, being the 'Uraller” of the Pannivizha Peedikayil Bhagavathy Temple, could validly transfer the 'Uraima' right in favour of the 1st defendant Society, through Ext.B3 Udampady?

(6) Can Ext.B3 be considered as a valid dedication for the creation of a public charitable trust?

(7) Can the 1st defendant Society claim the right of administration or any other right over the Pannivizha Peedikayil Bhagavathy Temple and its properties on the basis of Ext.B3?

(8) Whether the members of the public can claim opportunities to worship and make offerings at the Pannivizha Peedikayil Bhagavathy Temple, 'as of right'? 1. An erstwhile Namboothiri Illom popularly known as 'Edamnana Illom' having its origin at Perisserymuri, Chengannur Taluk owned and possessed extensive properties in Kunnathur Taluk. Originally, they had migrated from Thenkasi. They were considered to be the then rulers of the locality under the designation 'Kiriar Kiriar Pandarathil'. They were holding extensive properties and were running various temples also in their properties. It seems that some of the properties were acquired in the name of the deities.

2. The temple in question Pannivizha Peedikayil Bhagavathi Temple was one among such temples run and administered by the members of the said Edamnana Illom, also known as Edamana Madom. For the sake of convenience, it will be referred as 'Madom' or 'Illom', as the case may be. For the sake of convenience, the said temple is hereinafter referred to as 'Pannivizha Temple'. As stated above, the Illom was holding extensive properties in Kunnathur Taluk comprising of 7 Desom routes. Pannivizha was one among such Desom routes.

3. It seems that complying with the Hindu rituals, the members of the Illom, who administered the temple, had no hesitation in permitting the members of the public to worship the deity at the Pannivizha Temple and to make offerings therein. It seems that the members of the public had used to attend all the festivals of the temple, and participate in all the rituals connected with it. The public has undertaken a view that slowly the temple had earned the status of a public temple in the course of time. It is the case of the public who has come up with the case that the Pannivizha Temple and its properties have acquired the status of a public religious charitable trust capable of being governed by Section 92 of the Code of Civil Procedure, 1908.

4. It has come out that the then Urallen of Pannivizha temple, who is the father of the 6th defendant in O.S. No.65/2006 of the Subordinate Judge's court, Pathanamthitta, as 'A party', had entered into a settlement with the 1st defendant Society constituted and registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 (hereinafter referred to as 'the Act 12 of 1955') through Ext.B3 registered agreement, whereby the duty to administer the temple has been entrusted with the 1st defendant Society, who is 'B party' therein. The said Society formed under Act 12 of 1955 is hereinafter referred to as 'the Society'.

5. On the execution of Ext.B3 on 22.06.1979, the Society started administering the temple and some of its properties. The Society maintains a case that through the execution of Ext.B3, the Pannivizha Temple and its properties have acquired the status of a public charitable trust. It seems that disputes have arisen among the members of the Society as well as between the memb