Eligibility for membership in a public Trust is strictly limited to the specific families and individuals delineated in the governing scheme, enforcing the doctrine of res judicata in subsequent proceedings.

ORDER

(Dated: 23rd January, 2026)

This Civil Revision Petition is filed by the petitioner/ the Attukal Bhagavathi Temple Trust (herein referred to as ‘petitioner Trust’), filed this petition under Section 115 of the Code of Civil Procedure , for setting aside the order passed by the Additional District Judge-I, Thiruvananthapuram, (hereinafter referred to as ‘the District Judge’) in I.A.No.15 of 2023 in O.S.No.1 of 1979 dated 08.07.2025.

2. Heard the arguments of Sri.D. Koshore, learned counsel for the petitioners, as well as Sri.Manu Ramachandran, learned counsel for the respondent.

3. The case of the petitioners is that the 1^st respondent filed I.A.No.15 of 2023, seeking a declaration that the decision ren- dered by the petitioners dated 30.10.2022, rejecting the membership as null and void and directing the petitioners to include his name in the roll of trust members of the petitioners' Trust, or alternatively to declare the respondent as a Trust Member. The petitioners herein are referred to as respondents, and the respondents referred to as pe- titioners herein for the convenience of the ranks of the parties before the District Judge.

4. The case of the petitioner is that the 1^st respondent, the Attukal Bhagavathi Temple Trust, is a public religious trust ad- ministered under the scheme formulated by the District Court in O.S. No.1 of 1979, a suit was filed under Section 92 of C.P.C. Pur- suant to the decree dated 12.01.1979, a ‘Scheme’ was implemented for the administration of the Trust (hereinafter referred to as ‘the Scheme’). The Scheme remains in force subject to certain amend- ments duly approved by the District Court.

5. Further case of the petitioner before the District Judge is that, as per Clause 5(e) of the Trust Board, it consists of 117 members of Nairs of Attukal Vattam, and Clause 8 of the Scheme says that the eldest member aged 30 years or above of each Nair family within Attukal Vattam, who is a permanent resident thereof, is eligible for membership in the Board of Trust. The Scheme further specifies disqualifications applicable to the Trust Board Members. Additionally, the Scheme provides for an Administrative Committee comprising 28 members. It mandates that, once in every 3 years, the list of then-serving Board Members shall be published in the official Gazette. Furthermore, as per Clause 9, the Trust possesses ample authority to remove the members and induct new members into the Trust.

6. The petitioner (the respondent herein), along with 16 others, has filed a suit under Section 92 of the C.P.C., before the District Judge, claiming membership in the Trust. In O.P. (Trust) No. 298 of 2016, a leave was granted; subsequently, it was chal- lenged before the High Court in a revision by filing C.R.P. No.378 of 2017. The High Court set aside the order of granting leave by order dated 28.02.2020 and directed the respondent/petitioner to ap- proach the District Court in O.S.No.1 of 1979. Thereafter, the re- spondent herein, along with 20 others, filed separate applications before the District Judge in O.S.No.1 of 1979, where the present re- spondent filed I.A.No.6 of 2020, seeking an order directing the pre- sent petitioner Trust to include his name in the rolls of Trust Mem- bers or declare him to be a Trust Member. By order dated 12.11.2020, the District Judge disposed of I.A. No.6 of 2020, direct- ing the Trust to consider the request made by the petitioner. Accord