Madras High Court
Vadaveeranayakkar @ Vijayapandi vs Thangaraj on 23 August, 2022
CRP(PD)(MD)No.2403 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(PD)(MD)No.2403 of 2017
and CMP(MD)No.11431 of 2017
Vadaveeranayakkar @ Vijayapandi ... Petitioner
versus
1. Thangaraj
2. The State of Tamil Nadu,
Rep. by its District Collector,
Theni.
3. The District Revenue Officer,
Theni.
4. The Tamil Nadu Hindu Religious and
Charitable Endowments Department,
Rep. by its Commissioner,
Chennai.
5. The Assistant Commissioner,
HR & CE, Dindigul.
6. The Fit Person,
Jakkalamman Temple,
Executive Officer,
Suyambu Saneeswara Bagavan Temple,
1/12
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CRP(PD)(MD)No.2403 of 2017
Kuchanur,
Nesapakkam. ... Respondents
Civil Revision Petition filed under Article 227 of Constitution of
India, against the fair and decreetal order dated 20.10.2017 passed in
I.A.No.44 of 2016 in O.S.No.19 of 2014 on the file of the learned
Subordinate Judge, Periyakulam.
For Petitioner : Mr.P.Shankar Ganesh
For R2 to R5 : Mr.G.V.Vairam Santhosh,
Additional Govt. Pleader
For R1 : Mr.S.Madhavan
For R6 : Mr.C.Guhaseelrupan
ORDER
This Civil Revision Petition is filed as against the fair and
decretal order dated 20.10.2017 passed by the learned Subordinate
Judge, Periyakulam in I.A.No.44 of 2016 in O.S.No.19 of 2014.
2. The suit in O.S.No.19 of 2014 is filed by the 1st
respondent/plaintiff in the representative capacity to declare that the
plaintiff's community is a denominational community holding Sri
Jakkalamman Temple of Vadaveeranayakkars as a denominational
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CRP(PD)(MD)No.2403 of 2017
religious institution of Raja Kambalathar and also for a declaration,
declaring that the suit schedule property is meant for the service and
upkeep of the suit temple and also for maintaining 100 sacred cows
belonging to the temple and consequently for grant of permanent
injunction and also for a direction to set aside the order passed by the
4th defendant dated 12.02.2014.
3. The 1st respondent/Plaintiff has filed the above suit in the
representative capacity by obtaining a permission of the Court by filing
an application in I.A.No.63 of 2014, under Order 1 Rule 8(3) of CPC.
The Trail Court has also granted permission to the 1st
respondent/plaintiff to contest the suit in the representative capacity.
The suit is also ripe for trail. The order passed in the I.A.No.63 of 2014
permitting the 1st respondent/plaintiff to contest the suit in
representative capacity has become final and it was not challenged.
4. The revision petitioner has filed the present interlocutory
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CRP(PD)(MD)No.2403 of 2017
application in I.A.No.44 of 2016, under order 1 rule 8(3) of CPC to
implead the petitioner as 2nd plaintiff in the above suit, which was
dismissed by the Trail Court, by its order, dated 20.10.2017, that the
petitioner cannot be added as the plaintiff in the above suit that the suit
itself is filed in the representative capacity. Aggrieved over the same,
the present civil revision petition is filed.
5. The learned counsel for the petitioner submits that the main
suit is filed by the 1st respondent/plaintiff in the representative capacity
as the sole representative of the entire Thottiyanayakkar Community of
Vadaveeranaickerpatti. The petitioner is the real Vadaveeranaicker. As
per the customary right, the Vadaveeranaicker post was offered to the
petitioner's father, but, he was not willing to the post that he was
already acting as kartha of the family and therefore, as per the wish of
the entire family and the community members, the petitioner has
become the Vadaveernaicker and the petitioner is also in-charge and
control of the entire family of the Vadaveernaickerpatti and therefore
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CRP(PD)(MD)No.2403 of 2017
he is legally entitled to protect the interest of the Vadaveeranaicker
community and the 1st respondent/plaintiff is acting against the interest
of Vadaveeranaicker and therefore, he is a necessary party and to be
impleaded as the 2nd plaintiff in the above suit. As against the order of
the 4th defendant dated 12.02.2014 appointing a fit person to Sri
Jakkammal Temple, the petitioner and his father gave objection to the
5th respondent and fighting for the cause of the temple. The suit has
been filed for the common cause of the plaintiff community and the
outcome of the above suit would serve or affect the entire community.
Therefore, impleading this petitioner as the 2nd plaintiff would
strengthen the suit and would prevent the collusion between the
respondents if any.
6. The learned counsel appearing for the first respondent/plaintiff
submits that though the plaintiff is a retired employee and he is not
holding any Government Post as on date and therefore, there is no bar
for filing the suit as against the defendants in the suit. Moreover, the
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CRP(PD)(MD)No.2403 of 2017
first respondent/plaintiff filed the suit in the year 2014. The petitioner
herein, on knowing very well about the filing of the suit, kept quite for
all these years and filed the interlocutory application in order to create
the record as if he is the representative of Vadaveeranayakkars.
Further, the petitioner herein has not made out any averment against the
first respondent/plaintiff that he has not contested the suit effectively.
He further submits that the petitioner herein, who is the third party, has
raised a specific averment against the first respondent/plaintiff that he
has acted against the interest of the Temple. Having made certain
allegations in the application, the petitioner cannot be substituted as
co-plaintiff and there cannot be two drivers for a bus. In support his
contentions, he has also relied upon the following Judgments:
(i) 1962 (1) MLJ 380 (M.Abdul Razack vs. S.Mohammad Shah)
(ii) AIR 1995 Gujarat 22 (Mahechchha Corporation and others
vs. Bhagwandas Dayaram and others)
(iii) 1986 (6) Supreme Court Cases 500 (Ajmera Housing
Corporation vs. Amrit M.Patel (Dead) through LRs. and others)
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CRP(PD)(MD)No.2403 of 2017
(iv) AIR 2010 Supreme Court 3109 (Mumbai International
Airport Pvt. Ltd. vs. Regency Convention Centre & Hotels Pvt. Ltd. &
others)
(v) 2016 (4) L.W.56 (Manickam @ Chennappan vs.
Munuswamy)
(vi) 2011 (1) L.W. 32 (Karuppa Gounder and another vs.
Appavoo and others)
7. The learned counsel appearing for the third respondent submits
that he is a formal party and he is not having any objection either for
allowing or dismissing the petition filed by the petitioner.
8. This Court considered the rival submissions made and perused
the materials available on record.
9. The suit in O.S.No.19 of 2014 is filed by the 1st
respondent/plaintiff in the representative capacity to declare that the
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CRP(PD)(MD)No.2403 of 2017
plaintiff's community is a denominational community and Sri
Jakkammal Temple of Vadaveeraniackerpatti is a religious institution
of Rajakambalatar and also for a declaration, declaring that the suit
schedule property is meant for the service and upkeep of the suit temple
and also for maintaining 100 sacred cows belonging to the temple and
consequently for grant of permanent injunction and also a direction to
set a side the order passed by the 4th defendant dated 12.02.2014.
10. The plaintiff at the filing the suit in the year 2014 has filed an
application in I.A.No.63 of 2014 under Order 1 Rule 8 of CPC and the
Court has also permitted the plaintiff to sue the suit on behalf of or for
the benefits of all persons, who are interested. The late
Vadaveeranaicker was having three sons. The eldest son is Ponuraj,
and the next son is Plaintiff Thangaraj, and the 3rd youngest son is the
petitioner's father one Ramaraj. As per the statement of the 1st
respondent, on the death of late Vadaveeranaicker, his eldest son
Pounraj has become the next head and kartha of the family. The head
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CRP(PD)(MD)No.2403 of 2017
and kartha of the family will be elected as Vadaveeranaciker through a
crowning ceremony by the elders of the community. After the crowing
ceremony, the head and the kartha of the joint family will become the
pattadadhar of the joint family beloved the title Vadaveeranaicker.
After the death of Vadaveeranaicker, no crowning ceremony was
conducted. The petitioner/plaintiff is the 2nd son of Thangaraj and the
eldest son Ponuraj has not raised any objection to the plaintiff.
11. The petitioner is the son of the 3rd youngest son of
Vadaveeranicker. Admittedly, there is no crowing ceremony after the
demise of late Vadaveeranaicker. The suit was filed in the year 2014.
The Trial Court has also permitted the 1st respondent/plaintiff to contest
the suit in representative capacity. The order passed in I.A.No.63 of
2014 is not challenged. The suit is also ripe for trail. At this stage, this
application has been filed under Order 1 Rule 8(3) CPC to implead the
petitioner as the 2nd plaintiff. At the time of filing the suit, the suit
itself is filed in the representative capacity. The petitioner has not filed
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CRP(PD)(MD)No.2403 of 2017
any objection and the petitioner is intending to implead himself as
Vadaveeranaicker, without any materials as to whether there was any
crowing ceremony conducted.
12. Further, the petitioner has not placed any material that the 1st
respondent/plaintiff is acting against the interest of the community.
Therefore, this Court is not inclined to interfere with the order of the
trial court passed in I.A.No.44 of 2016 dated 20.10.2017.
13. Accordingly, the Civil Revision Petition stands dismissed.
The petitioner shall workout his remedy by filing a separate suit as
against the plaintiff that he is the elected Vadaveeranaicker of the
community. No costs. Consequently, connected Miscellaneous
Petition is closed.
23.08.2022
Index : Yes / No.
Internet : Yes / No.
ogy
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CRP(PD)(MD)No.2403 of 2017
To
1. The Sub Court,
Periyakulam.
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CRP(PD)(MD)No.2403 of 2017
B.PUGALENDHI, J.
ogy
CRP(PD)(MD)No.2403 of 2017
23.08.2022
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