KOLLAM v. CHELLAMMA ITTY, PARAPURA AMMACHIVEEDU

and the respondents. Also heard the learned counsel for the impleading petitioner, who preferred I.A. No.410/2023 before the Sub Court, Kollam, which is exhibited in this Original Petition as Ext.R8(a). Yet another person had preferred an impleading petition before this Court as I.A. No.3/2023.

3. Learned counsel for the petitioner submits that the person, who was holding the post of Manager, as also, the Deputy Manager passed away on 03.11.2023. As per Ext.P1 Scheme, the Manager and the Deputy OP(C) No.2721 of 2023 - 4 - Manager has to be appointed by the Court as per the Scheme. So far as the Manager is concerned, the senior most male member has to be appointed. As far as the Deputy Manager is concerned, a member of the family, who is adequately qualified and best suited, has to be appointed in terms of clause as 1(E) of Ext.P1 Scheme. While Ext.P3 and P4 applications are for appointment to the post of Manager, Ext.P5 to Ext.P7 applications pertain to the post of Deputy Manager. Ext.R8(a) is also an interlocutory application preferred by a family member staking claim to the post of Deputy Manager.

4. This application was opposed by the respondents to the limited extent that Exts.P3 and P4 applications have to be considered first and after appointment of the Manager, Exts.P5, P6 and P7 applications can be considered, so that the Manager to be appointed, will also have a say in the matter of appointment of the Deputy Manager. This was OP(C) No.2721 of 2023 - 5 - stiffly resisted by the learned counsel for the petitioner, pointing out that the Manager has absolutely no role in the matter of appointment of Deputy Manager. The Deputy Manager has to be appointed as per Scheme, by the Court.

5. Leaving aside the rival contentions in this regard, this Court directs the learned Sub Judge, Kollam, where O.S.No.199/1957 is pending, to hear and dispose of Exts.P3 to P7 and Ext.R8(a) applications, within a period of two months from the date of receipt of a copy of this judgment. Exts.P3 and P4 applications may be considered first, since it involves no serious controversy as regards the qualification of the person to be appointed as the Manager. At any rate, all the applications including Ext.R8(a) shall be disposed of within the time frame as stipulated above. This direction will not affect the interim arrangement made by the Sub Court, Kollam for the conduct of OP(C) No.2721 of 2023 - 6 - the festival, which commenced on 03.01.2024. This Original Petition is disposed of, as above. Sd/- C.JAYACHANDRAN, JUDGE OP(C) No.2721 of 2023 - 7 - APPENDIX OF OP(C) 2721/2023 PETITIONER EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE FINALIZED SCHEME DATED 10.08.1976 IN O.S NO.199 OF 1957 OF THE HONOURABLE SUBORDINATE JUDGE'S COURT, KOLLAM. EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 THE TRUE COPY OF THE DEATH CERTIFICATE OF ADVOCATE DATED 17.11.2023. G.MOHANANUNNITHAN THE TRUE COPY OF THE PETITION DATED 03.10.2022 FILED BY THE 2ND RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A.NO.327 OF 2022 IN O.S NO.199 OF 1957 CLAIMING THE POST OF MANAGER. THE TRUE COPY OF THE PETITION DATED 07.10.2015 FILED BY THE 3RD RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.2068 OF 2015 IN O.S NO.199 OF 1957 CLAIMING THE POST OF MANAGER. THE TRUE COPY OF THE PETITION DATED 28.11.2023 FILED BY 4TH AND 5TH RESPONDENTS BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.396 OF 2023 IN O.S NO.199 OF 1957 CLAIMING THE POST OF DEPUTY MANAGER. THE TRUE COPY OF THE PETITION DATED 26.11.2023 FILED BY 6TH RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.387 OF 2023 IN O.S NO.199 OF 1957 CLAIMING THE POST OF DEPUTY MANAGER. THE TRUE COPY OF THE PETITION DATED 29.11.2023 FILED BY 7TH RESPONDENT BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.393 OF 2023 IN O.S NO.199 OF 1957 CLAIMING THE POST OF DEPUTY MANAGER. OP(C) No.2721 of 2023 - 8 - EXHIBIT P8 THE TRUE COPY OF THE PETITION DATED 04.12.2023 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, KOLLAM AS I.A NO.406 OF 2023 IN O.S NO.199 OF 1957 TO URGENTLY APPOINT A DEPUTY MANAGER AND MANAGER FOR AMMACHIVEEDU MOORTHI TEMPLE FOR THE COMMENCEMENT OF THE ANNUAL FESTIVAL. RESPONDENTS' EXHIBITS: EXHIBIT R8(A) TRUE COPY OF THE I.A DATED 11-12-2023 IN I.A NO.410/2023 IN O.S NO.199/1957 PENDING BEFORE THE PRINCIPAL SUBORDINATE JUDGES COURT, KOLLAM. EXHIBIT R3(A) EXHIBIT R3(B) TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 22/11/2023 IN I.A NO.377/2023 IN O.S NO.199/1957 ON THE FILES OF THE PRINCIPAL SUB COURT, KOLLAM. TRUE PHOTOSTAT COPY OF THE ORDER DATED 06/12/2017 IN I.A NO.1333/2016 IN O.S NO. 199/1957 ON THE FILES OF THE FIRST ADDITIONAL DISTRICT COURT, KOLLAM.