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2.June-9-562-Of-2010-1 IN THE HIGH COURT OF KERALA AT ERNAKULAI4 Present: THE HONOURABLE }IR. JUSTICE DEVAN RAT{ACHANDRAN L942 Tuesday, the 9th day of June 2020/19th Jyaishta, RFA. No. 56212010 os.1/2006 OF THE r ADDTTToNAL DrsrRrGT COURT',KOLLAI|I T3 : APPELLAT.ITS/ADDL. DEFENDANTS 12 & 1. G.VIJAYAiIATHAKURUP, THOTTATHIL VEEDU' PAYTKKUZHT, oAcHrRA ' KANDATHIL', 2. DAT4ODARAN UNNTTHAN,tt',IALAYIL NOORANADU PO, UAVELTKARA' (DrED) ADDITIONAL A3 IMPLEADED 3.RAGHAVANUNNITHANRAII,IACHANDMNUNNITHAN,S,/o.RAGHAVAN UNNITHAN,RESIDINGATPALLIYAI,IBILKALAKKATTUHoUSE, KALAKKATiU VALACHAL, VALLIKKUNNA!4, IIAVELIKKARA' ALLEPPEY- 690 5O1, 2/2OL9' ADDITIONAL A3 IS IMPLEADED VIDE CIRDER DATED 7/3/L9 IN BY ADV.SRT.K.P'SREEKUMAR, F:oR APPELLANT 1 FoR A3 BY ADVOCATES TJIIS.V.V.SURENI'RAN AND P.A.HARTSH, NTIFFS & DEFENDAIITS 1 1. N.R.RAJENDRAN, AGED 50, S/O.RAGHAVAN, NADASSERT HOUSE,THEKKU t(ocHul4uRr, oAcHrRA P'O' 2. S. JAYAPRAKASH,AGED 56,S,/0.SREEDHARAN, KALARIKKAL, KADATHooR, K ':i. PURAII'I P ' 0 ' 3. c.HARISANKAR,AGED 66,S/0'CHELLAPPAN PILLAI, PADAITIILATH, THEKKIJKOCHU}IURI, OACHIRA P. O ' 4. PUSHPADAS,AGED 54,s/O.R,AGHAVA, CHAITHANYA, CHERAVALLI, I(AYA!'IKULAIII, CHERAVALLI P ' O ' 5. ASOK KUMAR,AGED 4A,S/O.NANU, CHATHAVANA, MADATHIL, KARAZHII'IA P. 0 ' 6. BIII,IAL DANI,S/O.M.S.RUDRAN,AGED 48 MAKKADATHU HOUSE,SRAYIKKADU,AZHEEKKAL P.O. 7. S.SASTDHARAN PrLLAr,s/0.SREEDHARAN PILLAI,AGED56YEARS,KANNADIYIL,I'tElt'IANA,OACHIRAP'0' 8. v.VIJAYAi'I PILLAI,S/O-VELAYUDHAIII PILLAI, AGED 61 YEARS, KARRICHERIL HOUSE, PERU[IIAIIITHAZHA VARAVILA PO. 9. t,I.C.SURESH,S/'O.M' K.CHANIDRAN,AGED 57 YEARS,LEKSHMITHOPPILHOUSE,SRAYIKKADU,AZHEEKALP.O. 10. OACHIRA PARAEIRAHMA TEMPLE, REP. BY ITS SECRETARY. 11. BHARGAVAN,S/Ct. KRISHAN, FORi'!ER SFCPFTARY OE'C',iIRA PARABRAHiIA TEiT|PLE ..2.. RFA. No. 562/2010 12. MRAilPIL SUKUMARAN UI'IITHAN AGED68,S/o'NEELAKANTANuNNITHAN,FoRIIIERPRESIDENT P' O' OACHIRA PARABRAHI'IA TEI'IPLE, I'IAIiIGALATHU, VALLIKUNNAI'I' 13. O.KRISHITIA PILLAI, S/0. UMMINI PILLAI (DIED).VIGEPRESIDENT,oACHIRAPARABRAHMATEMPLE xAntuurtRrH, KATTACHTRA, PALLTCHTRA' P'0' t4. v.suilrl KUMAR, AGED 54, TREASURER OACHIRAPARABRAHMATEI,IPLE,EDATHURUTHIL,ALAPPAD CHERIYAZHEEKKAL ' P. O. 1s. BHASKARA KURUP, AGED 79, S,/o.RAGHAVAKURUP.EXECUTIVECoII|MITTEEFIE]I|BER OACHIRA PARABRAHI'IA TEmPLE, PANAI'IPLAVIL THEKKUKOCHUII4URI, OACHIRA. 16. RA].,IACHANDRAN PILLAI, AGED 73 YEARS(DIED) EXECUTIVE COMMITTY MEMBER oACHIRAPARABRAH]I,IATEMPLE,]t{AvooRIL,VARAVILA.P.0. LT.V.SADASIVAN,AGED60,S/0'VASUKUTTY,SEGRETARY, oACHIRAPARABRAHT4ATEMPLEKIDASERILPUTHENVEEDU PRAYAR NORTH.P.O, 18. S.T,IADHAVAN PILLAI, AGED T5,EXECUTIVE COTIIITIITTEE ITIEII'IBER OACHIRAPARABRAHI'IATEI'IPLE,IIENEZHUTH,VAYANAKATHU NJAKKANAL. P. O. 19. DR. SIVARAI'IAKRISHNA PILLAI, MANAGING DIRECTOR, OACHIRA PARABRAH]'IA SPECIALTY HOSPTTAL, oACHTRA. P. 0. Zg. OACHIRA PARABRAHII4A SPECIALTY H0SPITAL, REPRESENTED BY ITS CHAIRMAN, OACHIRA PARABRHMA SPECIALTY HOSPTTAL, OACHTRA-P.0. 2L. R.SUSEELAN, ASHANTAYYATHU, I{ADATHIL KARAZHiIA.P.O., oACHIRA. 22. K. R.AJITHKUIIIAR, RAFIABHAVANAI{, ilADATHIL KARMHi'IA. P.O. OACHIRA. 23. A.SREEDHARAN PrLAr, S/0. ACHUTHAPANTCKER MEZHUVELIL VEEDU, KOTTAT.IPALLI T,IADATHIL KARAZHIIIA. P. O. , OACHIRA. 24. P.K.MURALEEDHARAN PILLAI, S/0. KRISHNA KURUP, TTIALAYEEKKAL PADEETTATHIL PAYTKKUZHT, OACHTRA. P.O. 25. AI,IBUJAN, S,/O.DAMODARAN, PUTHUI{ANGALATHU VEEDU, ALAPPADU VTLLAGE, KARUTIAGAPPALLY, AZHEEKAL. P.0 ' 26. GOPALAKRTSHNA PILLAT, S/O. PARATT,IESWARAN PILLAI, ASHANPURAYIDATHIL PAYTKUZHTKARA, oACHTRA. P. 0. ?7 . STVADASAN , S/O. PAD]I|ANABHAN, KUTTITHARAYIL KRISHNAPURAI{. P.0. P. T.0. ..3.. RFA. No. 56212010 28. PRABHAKARAN, S/0. KRTSHNAN, PUTHUKADU VEEDU, PAYTKKUZHT,oACHTRA. P.0. 29. AJAYAKHoSH, S/0. RATUIACHANDRAN, CHANOOR VADAKKATHIL, PRAYARTHEKKEKARA, CLAPPANA P.O.ALUIIIPEEDIKA. 30. SIVAPRASAD, S/0. KUNJU PILLAI, VISAKHAII, THEKKUKOCHUiIURI, OACHIRA. P . O. 31. IIIOHANAN, ANANDABHAVANAM, NEELIKULAII, K. S. PURAII,I. P. O. 31_. C.PRASANNAKUMART, KOYTPPUiTHU HOUSE, VADAKKU!,IURI KIZHAKKU, THAZHAVA, KARUNAGAPPALLY KUTHTRAPANTHI. P. O. 33. RAJAN PILLAI, AGED 35 YEARS, S/0. RAGHAVAN PILLAI, KALLAKKADU KIZHAKKATHIL KADUVTilKAL, VALLTKUNNAI,I, MAVELTKKARA. 34. PARAF,IESWARAN NAIR, AGED 65, S/O. KUTTAN NAIR, ATHARTHI THARAYIL, SOUTHI'IANKIOZHI PULLIKAITTAKKU. P.0. , BHARI'IIKAVU VILLAGE. 35. VETTUGOPAL AGED 38, S/0.RAVEEi'IDRAN PILLAI AI{ANTHAPURI, KADUVINKAL, VALLIKU]{NA]Ii, KADUVIII|KAL. P.0. 36. SIVARATI'IAIII , S/O. NARAYANAN, AGED 60 YEARS, LEKHALAYAT{, PAYIKKUZHI, OACHIRA.P.O. 37. VELAYUDHAN, S/0. NARAYANAN, AGED 70, VENU BHAVANAtt',l, PAYIKUZHI, OACHIRA. P. O. 38. VIJAYAN, S/0. KARUTHAKUNJU, VIJAYA BHAVANA[[4, PAYIKKUZHI, OACHIRA. P.O. 39. P.C.CHANDRAN PrLLAr, (P.C.BABU) s/o. GHELLAPPAN PTLLAI, KUNI{EL, PAYTKKUZHT, oACHIRA.P.0. 4O. R.DEEPAK, S/0. RAII'IAKRISHNA PTLLAI, KANDATHIL PARA},IBIL, KRISHNAPURA]I,I. P' O' 4t. mAHESH,AGED 43 YEARS,S/O.SANKARAN, MAHESH BHAVAiIAM, II'IEMANA, oACHIRA P0. 42. RAGI{AVAN,AGED 64 YEARS,S/0.KoCHURAITIAN,ISWARYA, MEMAI'IA OACI{IRA P. O. 43. P VIJAYAN PILLAI,S/O PARAMESTARAN PILLAI ]IIULAVEETTIL, VAYANAKA]I'I, OCHIRA P. O 4. ACHUTHAN PILLAI BHARGAVAN PILLAI, AGED 81(DrED),S/0.ACHUTHAN PTLLAT,VELTYTL THEKKATHIL, PUTHUPPALLY VILLAGE, KAYAilKULAIiI. *ADDL.45 I]I,IPLEADED 45.RESERVE BANK OF INDIA, KOCHI UNIT IS SUOT4OTU II4PLEADED VIDE ORDER DATED 26/97/"AL7 It{ RFA, -4- RFA. No.56212010 ADDITIONAL R46 IMPLEADED 46. R.KARUNAKARA KURUP, AGED 82 YEARS, S/0. PADII',INABHAN PrLLAr, KSHETHRA PANA]IIPLAVIL VEEDU ( AIKKARAVALLIL), THEKKUKOCHU II,IURI, OACHIRA, PIN * 690 526. ADDITIOIIIAL R46 IS IITIPLEADED, VIDE ORDER DATED 7.3.19 IN IA 22/2OL7(TA 2s87 /20t7 ) ADDITIONAL R47 II'IPLEADED 47. t'l.SASrDHARA KURUP, S/O.NARAYANA PrLLAr, AGED 71 YEARS, RESTDTNG AT AYTCKARAVALLT, I{EDTYATH(H), SoUTH KoCHU MURr, OACHIRA POST - 690 526 ADDITIONAL R47 IS IMPLEADED, VIDE ORDER DATED 7.3.19 IN IA L2/2O1.8. BY ADVS.SRT.T.C.SURESH FIENON, SRr. JrBU P. THOi'.IAS,FOR R2,4,5,7, 8,t5,2L TO 23 & 36 BY ADVOCATE M.S.UNNIKRISHNAN FOR R6 BY ADVS.M/S K.S.HARTHARAPUTHRAII, BHANU THILAK, FoR R10 BY ADVS.SRT. P.G. PARAMESWARA PANTCKER (SR. ), sRr. B. MURALEEDHARAN, P.GOPAL,FOR R11 BY ADVS.SRLT.KRISHITIAN UNNI (SR. ), K.C.KIRAN, FOR R12 BY ADV.SRT.S.V.BALAKRTSHNA rYER (SR. ), sRr. P.B.KRTSHNAN, SRr. R. SURAJ KUtilAR, FoR R14 & R37 BY ADV. IUIIS. T. C, MOHANDAS, T. tI4. SUNIL, FOR R39 BY ADV.I,I/S.S.VTNOD BHAT, LEGITH T.KOTTAKKAL FOR R43 BY ADV.SRI.MILLU DANDAPANI FOR R45 BY ADV. SRI. N. D. PREiIACHAIIIDRAN FOR R17 BY ADVS.II,I/S.K.S.HARIHARAPUTHRAN, ANd V.R,RAJESH, fOT R24 BY ADVOCATES I4,/S. K.ABDUL JAWAD, I,IATHEW KUZHALANADAN, GRANCY JoSE A, PRASANTH- KUMAR lll.K. FOR R46 BY ADVOCATE SRT.B.KRISHNA II,IANI, FOR R47 BY ADVOCATES [I,I,/S.R.SUDHISH, III.IIIANJU AND NIVYA LIZ PETER FOR R31 BY ADVOGATES II,/S.P.B.SAHASRANA]IIAN, T.S.HARIKU}TAR, FOR R42 GOVERNIT,IENT PLEADER FOR SUPT.OF POLICE, KOLLAI,I. BY ADV. SRI . B. PREMNATH ADVOCATE COIIIII,IISSIOIiIER This Regular First Appeal having come up for orders on g9/06/2O20 and upon perusing this Gourt's Judgment dated 02/A3/292O, the Court on 09/06/2020 passed the following: rltl THE HIGH COURT OF KERALA AT ERTIIAKULAM I present: THE HOilOUMBLE I,IR. JUSTICE ruEsDAy, the en o* o, ;;;';ilr;:rT:#:Ilrr. of rnreu*Ai-,9!_!o.t/2oo6 r ADDrrroilAL i6.I*tne noorrror{Al iroroR "srnrciEGia AccrDErrlr cLArHs Between oncHrp4 p,o., 1 391, glglllt KoLLArvr orsrnrci.igo szs REPRESENTED PETITIONER BY ITS SECRiiANV T,/IECRADEVIV. And 1. *. NADASSERI HOUSE, THEKI(U XdCHUT,/IUNI, OACHIRA P.O. ED 56, ,9,^{ly3fRAKSAH, l_q s/o s REEDHARAN, KALARIKKAL, KADATHOOR; i.S. iUiNNA P.O. RESPONDENTS/ c. HARTSANKAR, RESPONDEN'I.S AgE? 66, S/O ANr) pA CHELLAPPAN ptLLAt, DA N I LATH, T H E K K u r oc i u-rrr tj p. ni 6icn r ne o. APPLLANTS IN RFA PUSHPADAS, AGED.54 S/O RAGHAVA CHITHANYA, cHERAVALLI, KAYAM(ULAII4 cHEHeieIr.I p.o. ASOK KUMAR, AGED,4S, S/O NANU,-- ' - CHATHAVANA,VI ti MADATHIL, KAMZHMA P.O. ' BIMAL DANI, S/O M.S...RU-DRAN, AGED 48, MAKKADATHU HousE, sMyrKKAou, MHiiliKA#.o. I*'No. 4lt'n in R!?,No.552 0I. 20I0 i.]) 2 S. SASTDEARAN S/O. SXSSOEARAN AGED s6 r&ARs,.PI'.IJ\I, PrtI.A,I, ramnorlial-Gaawn, oAcErRA p.o. V.W.IAYA}I PTLLilt, 8/O.\ZEI.AYUDEAN PIIJAI trii"ft11s, KARRrcsEnri-Eousn, psnGANrEAzEA,, M. C.St RESB, T/o:1I:"EAnDRAN,_AcED TEopprL 5? xEARS, LEKSHI4T HousE, sneyrrc<aou,*i*rr*r r.o. 10 OACEXNA PANABNEE}dh, IEMPI,E REP. BY ITS SECREIARY. 11 BXARGAIINq, S/O. KRISg{AN, 3IORMER SEcRETARy, oAcgrRA panagnegJa- TErdpr,E, M.TDATH SRAxAR TaEKKU, er"uaesaoiKA. p-. P o. x.2 AAR&IPIL SIJI(N{ARA}.T UNNITEAN, AcED 68, s/o.!rEE-raxA!{mx- ti6qrrxall,, EtlRl,{ER-Gilirrnrorsu, ffi*ffifu:f[rna panesneni' re{pi"E, 13 O.I( TSSNA PIIJAI, s/o. T,},IMINI (DrED), vrcE ,X:pTr, or,c;;RA-ffii"**^PrLI.Ar KAR$*,rrArB, KArrAcf,rnA, --niiilrr*A. rEMprE, p. o. L4 r(r!4AR, Y::lIru AG:ED s4, ?REASTTRER oAcErRA pARABtpA o** lli"ilft*rrsrL, ArAppAD, cguRryAztsEar<r<ai. p. o.'- 15 BEASIGRA K['RUP, AGED 79 s/o. RAGEA\A qu:, EXECITTI\IE oAcsrHA pARABR1m,a -ninrnnCOMMTTTEE MEI,.IBER rmo,u, rr.errrr,, T'EEKKUftOCEI'MI'RX. OACHTBE,. 15 RAI{ACEANDRAN AGED ?3 YEARS (DrED) Ex*currvE *4r3q3"rga{, wncun, -oil".* TEMprrE, tgvooRr.,, pARABRAru,e, "o*""r"ol 116] L7 v. sADA,Sr\rA![, AGED 60, s/o.vAstr$Tty sEcREreRy, o*"I11 purEEN ys:EEDU, Baneinemi-hn*."r, rrDAsERrL sR.BcAR lro*rilp. o.', 18 8.}{ADEAVAN PILIAI, AGED EXECUIn/E 75 co[&lIIIlSE loasEn,, oACETRA IE!,,tpr.E, MENEZEUTE, rrAyalqiligil' PAnABRAEMA **r*o". p. O. \IA No; 4luzo IHFF*@'-- rn Rm,No.
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