High Court of KeralaOP(C)/2567/2015disposed of

K.P. Parameswaran Namboodhiri v. Guruvayoor Devaswom

2015-10-27Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 OP(C).No. 2567 of 2015 (O) --------------------------- O.S.NO.10/2015 OF DISTRICT COURT, THRISSUR.

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PETITIONER/RESPONDENT/PLAINTIFF:

-------------------------------------------------------- K.P. PARAMESWARAN NAMBOODHIRI, AGED 62 YEARS, S/O.KAKKAD DHAMODARAN NAMBOODHIRI, ' POORNIMA', KAKKAD MANA, GURUVAYOOR , THRISSUR.

BY ADV. SRI.RAJIT RESPONDENT(S)/PETITIONERWS/DEFENDANTS:

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1. GURUVAYOOR DEVASWOM, REPRESENTED BY ADMINISTRATOR, GURUVAYOOR DEVASWOM , GURUVAYOOR, THRISSUR - 680 501.

2. GURUVAYOOR DEVASWOM, REPRESENTED BY CHAIRMAN , GURUVAYOOR DEVASWOM, GURUVAYOOR, THRISSUR - 680 501.

BY ADV. SRI.P.GOPAL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/

OP(C).No. 2567 of 2015 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1:- TRUE COPY OF THE PLAINT FILED BY THE PETITIONER. P2:- TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN IA NO.2430/2015 IN OS.NO.10/2015 OF THE DISTRICT JUDGE, THRISSUR. P3:- TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS TO EXT P2 APPLICATION.

P4:- TRUE COPY OF THE MINUTES OF THE MEETING EVIDENCING THE SETTLEMENT BETWEEN THE GURUVAYOOR DEVASWOM AND THE MERCHANTS ASSOCIATION UNDER THE SUPERVISION OF THE HON'BLE CHIEF MINISTER DTD 25/6/2015.

P5:- TRUE COPY OF THE ORDER DTD 13/8/2015.

P6:- TRUE COPY OF THE APPLICATION IA NO.3032/2015 IN IA NO.2430/2015 IN OS.NO.10/2015 OF THE DISTRICT JUDGE THRISSUR. P7:- TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS TO EXT P6 APPLICATION.

P8:- TRUE COPY OF THE ORDER DTD 22/9/2015 IN IA NO.3032/2015 IN IA NO.2430/2015 IN OS. NO.10/2015 OF THE DISTRICT JUDGE THRISSUR. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

K.ABRAHAM MATHEW J.

-------------------------------------------------------- O.P.(C).No.2567 of 2015 -------------------------------------------------------- Dated this the 27th day of October, 2015

JUDGMENT

Petitioner is the plaintiff in O.S.No.10 of 2015 of District Judge, Thrissur. I.A.No.2430 of 2015 filed by him for temporary injunction is still pending. A status quo order has been passed in it. Meanwhile, it appears that there was an attempt to settle the dispute. At the request of the respondent, the learned District Judge advanced the posting of the case. The petitioner is aggrieved by it.

2. Heard.

3. I do not find any illegality or irregularity in the order advancing the posting of the case. So this court cannot interfere with the impugned order. In the result, this Original Petition is disposed of with a direction to the learned District Judge to dispose of I.A.No.2430 of 2015 within seven days from the date of receipt or production of a copy of this judgment. If an application is filed to record compromise the learned District Judge may consider it also. It is made clear that the petitioner may notwithstanding the observation in Ext P8 order raise a contention that under Section 33 of the Guruvayoor Devaswom Act the Government has power to set aside, annul or otherwise pass appropriate orders with regard to the orders passed by the Devaswom Committee.

Sd/- K.ABRAHAM MATHEW JUDGE cms /True copy/ P.S.to Judge