Kochi: The Kerala High Court has dismissed an application seeking leave to sue under Section 92 of the Code of Civil Procedure (CPC) regarding the administration of the Iruvaikonam Bhagavathi Temple in Thirupuram Village, Neyyattinkara. In his judgment, Justice M A Abdul Hakhim said that leave under the section cannot be granted automatically and stressed the importance of meeting statutory requirements before such a suit can proceed.

The case stemmed from a longstanding dispute regarding the management of the temple. The applicants, claiming to be the current managers, sought the court's permission to initiate a suit, alleging mismanagement and improper administration. However, the High Court held that the application was procedurally defective.

The court said that the main purpose of Section 92(1) CPC is to protect public trusts of a charitable or religious nature from being harassed by frivolous or ill-founded suits. Justice Abdul Hakhim said that before granting leave under this provision, a court must be satisfied on several key aspects, including that the applicants must establish that the trust is for public religious or charitable purposes. The suit should not be driven by personal interest or mala fides. There should be a prima facie case of breach of trust or the necessity for court directions. The reliefs must fall within the permissible heads under clauses (a) to (h) of Section 92(1) CPC.

In this case, the court noted that the applicants failed to establish their status as the temple's managing committee and lacked proof of locus standi. Furthermore, despite the temple remaining demolished for 12 years, with the deity housed in a temporary structure, the applicants failed to take any steps to rebuild the temple or restore regular worship.

While dismissing the application, the court said that claims should be raised through a properly framed suit with the trust and its trustees as necessary parties. However, the they are eligible to file a fresh application if they wish.
(With LiveLaw inputs)