IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941 OP(C).No.1812 OF 2017(O)

AGAINST COMMON ORDER DATED 12.04.2017 IN IA NOS.66 & 67 OF 2016 IN OS 7/2010 OF III ADDL. DISTRICT COURT, THIRUVANANTHAPURAM -----

PETITIONERS/CR. PETITIONERS 1 TO 4 IN IA/PLIANTIFFS & 1ST DEFENDANT:

1 P.HARIKUMAR AGED 54 YEARS, S/O PADMNABHA PILLAI, FOUNDER MEMBER OF THE TRUST DEED, RESIDING AT VADAKKEVILA, KUSAVARKKAL, MUKKOLAKKAL P.O.

THIRUVANANTHAPURAM DIST- PIN- 695 043.

2 MAHESH KUMAR M.S., AGED 39 YEARS, S/O MADHAVAN NAIR, HEMA BHAVAN, PERAPPORU, MUKKOLAKKAL P.O.

THIRUVANANTHAPURAM DIST- 695 043.

3 SREEKUMAR .K.

AGED 32 YEARS, S/O KARUNAKARAN NAIR, ESWARIMANGALAM VADAKKEVILA, PERAPPORU, MUKKOLAKKAL P.O.

THIRUVANANTHAPURAM DIST- 695 043.

4 PERAPPOORU DEVI TEMPLE TRUST, KUDAPPANAKUNNU, THIRUVANANTHAPURAM DIST, PIN- 695 043 REP. BY ITS SECRETARY V. ANILKUMAR, S/O VASUDEVAN PILLAI, "REVATHY" MALAPPARIKONAM, POWDIKONAM P.O. PIN- 695 587.

BY ADVS.

SRI.R.S.KALKURA SMT.P.ANJANA SMT.R.BINDU SRI.HARISH GOPINATH SRI.M.S.KALESH OP(C).No.1812 OF 2017(O) -2-

RESPONDENTS/PETITIONERS & 1ST CR. PETITIONER IN IA/

DEFENDANTS 3 & 4:

1 P.SAJIKUMARAN NAIR AGED 54 YEARS, FORMER SECRETARY, PERAPPOORU DEVI TEMPLE TRUST, RESIDING AT SAJAS, AYANIKADU, KUDAPPANAKKUNNU P.O. THIRUVANANTHAPURAM - 695 043.

2 RAJESH, AGED 42 YEARS,S/O DAMODHARAN PILLAI, FORMER TREASURER, PERAPPOORU DEVI TEMPLE TRUST, RESIDING AT RAJIVAM, PERAPPORU, MUKKOLAKKAL P.O., THIRUVANANTHAPURAM - 695 043.

3 G.KRISHNAN NAIR, AGED 61 YEARS, S/O GOPALA PILLAI, RESIDING AT NILA, KUMBIVILA, MUKKOLA P.O. THIRUVANANTHAPURAM, PIN- 695 043 R1-3 BY ADV. SRI.D.AJITHKUMAR THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2019, THE COURT ON 12.12.2019 DELIVERED THE FOLLOWING:

SATHISH NINAN, J.

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Dated this the 12^th day of December, 2019

JUDGMENT

The petitioners are the plaintiffs in a suit filed under Section 92 of the Code of Civil Procedure. The reliefs claimed in the suit reads as under:-

“(A) For removing the defendants from the management of the petition scheduled temple and from its properties.

(B) Set aside the violated Deed No.387 dated 4/10/08.

(C) For directing the defendants to produce in Court all accounts relating to the temple and its properties.

(D) For allowing the plaintiffs to recover any money that may be found due by the Court after inspection of the account that may be produced by the defendants for and on behalf of the plaint schedule temple and allowing the plaintiffs to deposit the same towards the bank account of the temple.

(E) Appoint an Administrator and convene :- 2 :-

General Body and elect the Trustees, Board of Trustees as per Trust Deed.

(F) For appointing new trustees for the proper management of the temple and its properties according to the trust deed.

(G) Such other incidental and appropriate reliefs which may become necessary and expedient during the pendency of the suit.

(H) For realization of all the cost of the proceedings from the defendants and from their assets.”

2. The dispute involved relates to the management of Perappooru Devi Temple which is a public trust formed as per registered document No.344/93. As per the trust deed, the board of trustees were to be comprised of 15 members. The term of the board was to be 5 years. Out of the 15 members, 8 were to be elected from the Perappooru family and 7 from the general public. The plaintiff alleged that the defendants who were in management, violated the terms of the trust and created a new trust deed bearing no.387/2008 with regard to :- 3 :-

administration of trust. As per the new trust deed, the total strength of the trust was limited to 75 members. The strength of the board was enhanced to 21, to be constituted by 20 members from the public and one from the Perappooru family. This lead to the litigation.

3. Pending the suit Ext.P4 settlement dated

30.11.2015 was arrived at in mediation