Enables Grievance Redressal Without Instuting Suit: Kerala HC Explains 'Partial Restraint' U/S 55 Travancore-Cochin Hindu Religious Institutions Act
1 year ago

Enables Grievance Redressal Without Instuting Suit: Kerala HC Explains 'Partial Restraint' U/S 55 Travancore-Cochin Hindu Religious Institutions Act

Live Law  

The Kerala High Court recently elaborated the ambit and scope of 'partial restraint' against the institution of suits within the period of advance notice in writing, envisaged under Section 55 of the Travancore-Cochin Hindu Religious Institutions Act, 1950. Section 55 of the Act, 1950 stipulates that "no suit shall be instituted against the board or the executive officer of the Sri Padmanabhaswarny Temple until the expiration of two months after a notice in writting has been delivered or left at the office of the Board, or of the Executive Officer, as the case may be, stating the cause of action, the relief sought, and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left". Explaining the scope of 'partial restraint', the Court said, "A partial restraint imposing a condition to be complied with before institution of a suit is normally intended to avoid unwarranted litigation and to provide an opportunity to the proposed defendant to address the grievance of the proposed plaintiff and is resting on a different pedestal apart from the complete restraint/bar with equal and efficacious remedy. "The bar in instituting the suit must be understood pertaining to the matters, which would come under the purview of that particular enactment viz., Travancore-Cochin Hindu Religious Institutions Act, 1950, unless the context otherwise says.

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