AIR 2014 KERALA 190 ::2014 (3) Ker LT 386

Kerala High Court

Hon'ble Judge(s): V. Chitambaresh , J

Guruvayoor Devaswom Act (14 of 1978) , S.2(d), S.19(3), S.35(2)— Civil P.C. (5 of 1908) , S.9— Suit relating to appointment of Melsanthi (Chief Priest) - Only @page-Ker191District Court has jurisdiction to entertain suit - Court of Munsif has no jurisdiction to entertain suit. Sections 5(5), 6(3), 11(6), 12(3), 20(4) and S. 26(4) of Act of 1978 provide for filing of suits in 'the court' under various contingencies which can only mean the District Court having jurisdiction over the area in which the temple is situated and not in any other Civil Court. The only exception is where a title to the property has to be established by any person aggrieved by an order passed under the Act by the institution of a suit which is not barred under Section 28(5) of the Act wherein the term 'the Court' is conspicuously absent. It is beyond dispute that the jurisdiction of the District Court extends subject to the provisions of the Code of Civil Procedure, 1908 to all original suits and proceedings of a civil nature under Section 11(1) of the Kerala Civil Courts Act, 1957. Therefore the District Court alone has the jurisdiction to entertain a suit as regards selection to the post of 'Melsanthi' in the Sree Krishna Temple at Guruvayur and the court of the Munsiff at Chavakkad wholly lacks jurisdiction to entertain the same. AIR 2003 SC 4368, Rel. ....