BEFORE THE HONOURABLE MUNSIFF’S COURT, ADOOR

Original Suit No. /2022

BETWEEN
1. Sethu Kumar G
2. Santhosh Kumar G : Plaintiffs
AND
1. Koodal Sree Devi Temple
Administrative Committee
Represented by its President
N. Sudhakaran

2. The Secretary,
Koodal Sreedevi Temple,
Administrative Committee
K. Sasidharan Pillai : Defendants

AFFIDAVIT
I, Sethukumar.G, aged 51 years, S/o. Gopalakrishnan Nair, Adersh
Bhavan, Kollanikode, Koodal Village, Koodal P O,Konni Taluk,
Pathanamthitta PIN 689693., do hereby solemnly affirm and swear as
follows:
1. I am the first plaintiff in the above numbered suit and as such I am
conversant with the facts of the case. I am swearing this affidavit for
myself and the other plaintiffs with his consent.
2. The suit is filed for permanent prohibitory Injunction.
3. The plaintiffs are the devotees of the Koodal Sree Devi Temple, which
situates at the Koodal Village, Konni Taluk.
4. The First Defendant is the President and the Second defendant is the
Secretary of the Administrative Committee of the Koodal Sree Devi
Temple who were duly elected.
5. Even though the defendants term is already expired, they are continuing
in the said posts and discharging the duties as the President and the
Secretary of the Administrative Committee.
6. In respect of the subject matter and relief sought for, there are many
persons having interest that of the plaintiffs and there are many persons
having interest that of the defendants in the subject matter and relief
sought for. There are large number of devotees /persons who are having
interest in the conducting of the festival for the year, 2022 and as such it
is practically impossible to implead these persons who are having
interest that of the plaintiffs or that of the defendants. Hence the suit is
being filed in the representative capacity of the plaintiffs representing
 those persons having interests in the plaintiffs. The defendants are also
sued as the representatives of the persons having interest of the
defendants. So a separate petition is being filed to institute the suit in
representative capacity.
7. Even though the period of the said Administrative Committee was over
for more than 2 years the election 2 years, the election to the same is
being postponed on the pretext Covid-19 Pandemic.
8. The annual festival of the temple is being celebrated from the
‘Chathayam Naal’ of Kumbham Malayalam month of every year.
Accordingly the said Annual Festival has been conducted by the temple
from time immemorial and has been the custom prevailing with respect
to the conducting of the said Annual Festival.
9. There exists a custom known as ‘Pallivetta’ which is being pertained on
the 6th day of Annual Festival and which is known as ‘Bharani
Mahothsavam’ signifying the ‘Nal’ on which the same is celebrated. So
said ‘Pallivetta’ has been conducted at the ‘Aalthara Mandapam’ which
situates at the Kanal Junction of Kolyanikkodu. The said ‘Pallivetta’ is
being conducted from time immemorial, as such the said practice has
acquired and developed as a custom.
10. Now it is reliably learnt that the defendants are taking hasty
preparations to change or alter the said predominant custom by shifting
the venue of the ‘Pallivetta’ to a place of their own choice, for which they
have no manner of right. The Festival Notices issued by the defendants
herein, from the year 2019, 2020, 2021 to the devotees including the
plaintiffs are produced; wherein the venue of conducting of “Pallivetta’ is
shown as “Altharamandapam” at Kollyanikkode Kanal Junction.
11. As a preclude to accomplish the above said unlawful objects of the
defendants, they have published ‘the Pamlet’ with respect to the Annual
Festival of the said temple without specifying the venue of the
‘Pallivetta’. The above said apprehended act of the defendants are per-se
illegal and actionable. The Festival Notice issued by the defendants,
wherein the venue of conducting the “Pallivetta” is not mentioned. None
of the defendants or anybody under them have any manner of right to
shift the venue of Palllivetta, unilaterally on their own whims and
fancies.
12. The plaintiffs being the hardcore devotees of Koodal Sree Devi
Temple, they are entitled to get a decree of Permanent Prohibitory
Injunction restraining the defendants or anybody under them from
 shifting the venue of ‘Pallivetta’ to be held on 07/03/2022; to any other
place other than the “Altharamandapam” of Kolyanikkode Kanala
Junction. The plaintiff is entitled to for a relief of ad interim injunction of
like nature. Hence the suit.

13. As I am not in position to resists the illegal acts of the defendants.

So I have filed an application for an order of interim injunction
restraining defendants and their henchmen from shifting the venue of
‘Pallivetta’ to be held on 07/03/2022; to any other place other than the
“Altharamandapam” of Kolyanikkode Kanala Junction. I have got a
prima facie case and balance of convenience is in my favour. So the
interim injunction application may kindly be allowed or else I will be put
to irreparable injury, loss and hardship.

Dated this the 25th day of February, 2022.

What all stated above are true and correct to the best of my knowledge,
information and belief.

Sethu Kumar G
Deponent
Solemnly affirmed and signed before me by the 25th day of February, 2022.

K Sreelal
Advocate
 BEFORE THE HONOURABLE MUNSIFF’S COURT, ADOOR
I. A No. 2022
In
Original Suit No. /2022
BETWEEN
1. Sethukumar.G,
aged 51 years,
S/o Gopalakrishnan Nair
Adersh Bhavan,
Kollanikode, Koodal Village,
Koodal P O,Konni Taluk,
Pathanamthitta
PIN 689693.
2. Santhosh Kumar.G,
aged 46 years,
S/o Govindhan Nair
Santhosh Bhavanam,
Palloor Thekkekara, Koodal P O
Konni Taluk,
Pathanamthitta
PIN 689693 : Petitioners/Plaintiffs
AND

1. Koodal Sree Devi Temple Administrative Committee,

Represented by its President
N. Sudhakaran,
Koodal Sree Devi Temple,
Koodal P O, Konni Taluk,
Pathanamthitta District,
PIN 689693.
2. The Secretary,
Koodal Sree Devi Temple Administrative Committee,
K. Sasidharan Pillai,
Koodal Sree Devi Temple,
Koodal P O,
Konni Taluk,
Pathanamthitta District
PIN 689693. : Counter Petitioners/Defendants

APPLICATION FILED UNDER ORDER XXXIX RULE 1 READ WITH

SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
For the reasons stated in the accompanying Affidavit, it is most respectfully
prayed that this Hon'ble Court may be pleased to pass an interim
injunction restraining counter petitioners/defendants or anybody under
them from shifting the venue of ‘Pallivetta’ to be held on 07/03/2022; to
any other place other than the “Altharamandapam” of Kolyanikkode
Kanala Junction.

Dated this the 25th day of February, 2022.

K Sreelal
Counsel for the petitioner
 BEFORE THE
HONOURABLE MUNSIFF’S
COURT, ADOOR

I A No. /2022
IN
Original Suit No. /2022

BETWEEN

Plaintiffs
1.Sethukumar.G
2. Santhoshkumar.G

AND

Defendants
1. Koodal Sree Devi Temple
Administrative
Committee, Represented
by its President N.
Sudhakaran,

2. The Secretary, Koodal

Sree Devi Temple
Administrative
Committee, K.
Sasidharan Pillai,

APPLICATION FILED UNDER

ORDER XXXIX RULE 1 READ
WITH SECTION 151 OF THE
CODE OF CIVIL PROCEDURE,
1908

Presented by:
K Sreelal
Advocate
Pathanamthitta