Rajendra Babu, J. - (1.) A scheme framed in respect of the administration of the Tricherumana alias Kottiyoor Devaswom, appellant No. 1 herein, was the subject-matter of challenge before the High Court in Writ Petition No. 1066/53, by an order made on 5-8-1954, the learned Single Judge before whom the writ petition came up allowed the same and set aside the entire scheme. The matter was carried in appeal.
(2.) The Division Bench of the High Court of Madras, on 17-10-1955, disagreed with the learned Single, Judge that no part of the scheme can be salvaged and the whole of it must be set aside. The Division Bench of the High Court observed that so long as the scheme is necessary even radical alterations of the scheme can be made by modification of the original scheme and the parties submitted an agreed scheme for consideration of the High Court. The Division Bench, after considering the same, set aside the order of the learned Single Judge and directed the draft scheme, which was attached to that order, would come into force in supersession of the scheme framed by the District Judge of North Malabar in O.P. No. 2/49. Subsequently certain amendments were made to that scheme in the matter of (i) nomination of either hereditary or non-hereditary trustee as the Chairman of the Board of Trustees, (ii) the powers of the Chairman of the Board of Trustees to spend the funds of the Trust and (iii) power of the Commissioner to appoint non-hereditary trustees with the hereditary trustees. That scheme was in vogue for quite some time.
(3.) Thereafter, a suit was filed in O.S. No. 489/69 by the Trustees of the appellant No. 1 for permanent injunction against Kottiyur Perumal Seva Sangam and others and obtained an injunction against the President and the Secretary of the Seva Sangam and their agents from trespassing into the property of appellant No. 1, O.P. No. 5/75 was filed by the Commissioner of Charitable and Religious Endowments before the Sub-Court, Tellicherry to amend the existing scheme resulting in taking away the powers of the hereditary trustees. O.P. No. 153/76 was filed by the President of the Kottiyur Perumal Seva Sangam for similar relief. The trial Court on consideration of the entire matter dismissed the said petitions and the suit. Thereafter, appeals in M.F.A. Nos. 74/88, 208/88 and 923/88 were preferred before the High Court in the year 1987. The High Court decided all these matters together by an order made on 6-4-1994. The High Court noticed that the schemes that have been framed earlier had become out-dated and inadequate to cater to the present situation and after considering the fact that large number of worshippers had made alternative arrangements by holding a meeting on 11-10-1964 at Calicut which was attended by several Madhadhipathies when the Kottiyur Perumal Seva Sangam was formed and registered and finding that the existing scheme is not sufficient to protect the interests of appellant No. 1 directed modification of the same by inserting several clauses and in particular in relation to non-hereditary trustees.;