B.Rajarathinam vs The Commissioner
2022 Latest Caselaw 1343 Mad

                                                                          C.R.P(MD)No.1285 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 28.01.2022

                                                     CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                            C.R.P(MD)No.1285 of 2021

                     1.B.Rajarathinam
                     2.B.Basaasubbu
                     3.B.Vasanthakumari                         ... Petitioners/Plaintiffs


                                                         Vs.

                     1.The Commissioner,
                       Hindu Religious and Charitable Endowments
                        Department,
                       Chennai – 600 014.

                     2.The Joint Commissioner,
                       Hindu Religious and Charitable Endowments
                        Department,
                       Madurai.                            ... Respondents/Defendants

                     PRAYER : Civil Revision Petition filed under Section 115 of Civil
                     Procedure Code, to set aside the order, dated 17.11.2017 passed in
                     I.A.No.233 of 2017 in O.S.No.919 of 2012 by Sub Court,
                     Thirumangalam thereby allowing the Civil Revision Petition.


                                   For Petitioners   :Mr.S.Anand Chandrasekar
                                   For Respondents   :Mr.M.Sarangan
                                                      Additional Government Pleader



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                                                                                  C.R.P(MD)No.1285 of 2021


                                                        JUDGMENT

The petitioners have filed this Civil Revision Petition, to set aside

the order, dated 17.11.2017 passed in I.A.No.233 of 2017 in O.S.No.919

of 2012 by Sub Court, Thirumangalam. The review petition has been

filed by the review petitioners/plaintiffs to review the observation given

in the judgment in O.S.No.919 of 2012.

2. The brief facts of the case is as follows:

The revision petitioners/plaintiffs have filed a suit in O.S.No.183

of 1968 against H.R. & C.E., Department for a declaration that the suit

temple was their private temple and for a consequent injunction. The

case went up to this Court in S.A.No.1783/1974 and this Court has

granted a decree declaring that the temple is the private temple of the

plaintiffs and consequent injunction, as it was constructed by the

ancestors and managed throughout by their family. After granting decree

in favour of plaintiffs, this Court made a casual observation that, if the

HR & CE., Department considered that the said temple has subsequently

become public, then it may take appropriate action.

3.The H.R & C.E., Department took it in a wrong sense, and in a

suo-motu passed order in O.A.50/1980 holding that it is a public https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.1285 of 2021

religious temple. So the revision petitioners/plaintiffs have preferred an

appeal in A.P.No.89/2010, which was dismissed. Against that order, the

petitioners/plaintiffs have filed a suit in O.S.No.919 of 2012 for

declaration that the suit temple is a private temple and to set aside the

orders of the respondents made in O.A.No.50 of 1980 and A.P.No.89 of

2010. Meanwhile, the second respondent has appointed a fit person for

the temple under H.R & C.E Act and the same was confirmed by the first

respondent herein in R.P.No.116 of 2010 filed by the petitioners. Against

that order, a second statutory suit in O.S.1212 of 2012 was filed by the

petitioners to set aside the order of appointing a fit person. Both the suits

were tried jointly and both suits have been decreed in favour of the

petitioners by a common judgment, dated 22.02.2017. After full trial,

the Sub-Court, Thirumangalam, decreed that the Veerabadrasamy Temple

is a private temple belonging to plaintiffs and the orders of the

respondents were set-aside. But in its common judgment, there is an

observation that ''jhth rk;ge;jg;gl;l Nfhapiy thjp rl;ltpNuhjkhf ghuhjPdk; nra;Js;sjhff; $wg;gLtJ Fwpj;Jk; rl;ltpNuhjkhf ghuhjPdk; nra;atpUg;gjhff; $wg;gLtJ Fwpj;Jk; jf;f eltbf;iffis ,e;Jrka mwepiya Ml;rpj;Jiw

vLj;Jf;nfhs;syhk;''.

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C.R.P(MD)No.1285 of 2021

4.Aggrieved that observation, the petitioners have filed a review

petition in I.A.No.233 of 2017 in O.S.No.919 of 2012 before the Sub

Court, Thirumangalam to remove that observation, which was dismissed

and stated in the judgment that it is only a warning to the plaintiffs, if

any illegal alienation, the H.R. & C.E., should take action against the

private temple.

5.Admittedly, the civil Court declared the Temple, as a private

temple, belonging to the plaintiffs' family, the H.R & C.E., no locus

standi to take action against the plaintiffs' temple. For this reason, this

Court is inclined to set aside the order passed by the Court below.

6.In the result, the Civil Revision Petition is allowed by setting

aside the order, dated 17.11.2017 in I.A.No.233 of 2017 in O.S.No.919

of 2012 passed by the learned Sub Judge, Thirumangalam and the

particular observation in the judgment made in O.S.Nos.919 and 1212 of

2012 is hereby removed. No costs.

28.01.2022 Index :Yes/No Internet:Yes/No vsd https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.1285 of 2021

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Sub Court, Thirumangalam.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P(MD)No.1285 of 2021

S.ANANTHI, J.

vsd

C.R.P(MD)No.1285 of 2021

28.01.2022

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