Madras High Court
Arulmighu Kailasanatha Swamy ... vs Rayampettai Panchayat Board on 11 December, 2023
S.A.(MD).Nos.331 and 393 of 2007
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.12.2023
CORAM
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
S.A.(MD).Nos.331 and 393 of 2007
S.A.(MD).No.331 of 2007
Arulmighu Kailasanatha Swamy Thirukovil,
Thingaloor,
represented by its Executive Officer,
Thingaloor,
Thiruvaiyaru Taluk and Munsif.
... Appellant
-Vs-
1.Rayampettai Panchayat Board,
represented by its President Sudhakar.
2.The Block Development Officer,
Thiruvaiyaru,
Thiruvaiyaru Town and Munsif.
3.The District Collector,
Thanjavur,
Court Road,
Thanjavur Town and Thanjavur Munsif.
... Respondents
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S.A.(MD).Nos.331 and 393 of 2007
PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure
Code, against the common judgment and decree dated 12.07.2006 passed
in A.S.No.43 of 2005 by the learned Principal Sub Judge, Thanjavur
confirming the judgment and decree dated 08.07.2004 passed in O.S.No.
88 of 2002, by the learned District Munsif at Thiruvaiyaru.
For Appellant : Mr.R.Murali
For Respondents : Mr.A.Baskaran
Additional Government Pleader
S.A.(MD).No.393 of 2007
Arulmighu Kailasanatha Swamy Thirukovil,
Thingaloor,
represented by its Executive Officer,
Thingaloor,
Thiruvaiyaru Taluk and Munsif. ... Appellant
-Vs-
Rayampettai Panchayat Board,
represented by its President
P.Sudhakar. ... Respondent
PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure
Code, against the common judgment and decree dated 12.07.2006 passed
in A.S.No.44 of 2005 by the learned Principal Sub Judge, Thanjavur
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S.A.(MD).Nos.331 and 393 of 2007
confirming the judgment and decree dated 08.07.2004 passed in O.S.No.
89 of 2002, by the learned District Munsif at Thiruvaiyaru.
For Appellant : Mr.R.Murali
For Respondent : Mr.A.Baskaran
Additional Government Pleader
COMMON JUDGMENT
A Memo has been filed by the learned counsel for the
respondents stating that during the pendency of the second appeals, based
on the representation given by the appellant dated 29.11.2023 and on
30.11.2023, the respondent granted permission to park the vehicle in
temple land in S.No.38/2 and permitted to collect parking fees from the
devotees with effect from 01.04.2024 to 31.03.2025.
2. Heard the arguments of the learned counsel for the appellants
Mr.R.Murali and the learned Additional Government Pleader Mr.A.Baskaran
appearing for the respondents.
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S.A.(MD).Nos.331 and 393 of 2007
3. A suit was filed by Arulmighu Kailasanatha Swamy Thirukovil,
Thingaloor by its Executive Officer primarily against the President of
Rayampettai Panchayat Board for the relief to declare the resolution dated
01.05.2002, passed by the first defendant as null and void and for
consequential permanent injunction restraining the first defendant and his
men in any way collecting charges from the devotees, who parked the
vehicle in and around the plaintiff temple.
4. After trial, the suit was dismissed in toto. Against which, the
plaintiff preferred first appeal before the Subordinate Court, Thanjavur
in A.S.Nos.43 of 2005 and 44 of 2005. Mean while, another suit was filed
by the President of Rayampettai Panchayat Board in O.S.No.89 of 2002 for
permanent injunction. By common judgment dated 08.07.2004, the suit in
O.S.No.88 of 2002 was dismissed and the suit in O.S.No.89 of 2002 was
decreed. Against the judgment and decree in O.S.No.89 of 2002, the
plaintiff temple preferred an appeal in A.S.No.44 of 2005 and the same was
also dismissed.
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S.A.(MD).Nos.331 and 393 of 2007
5. By an order dated 30.11.2023, the president of Rayampettai
Panchayat Board has granted permission to the plaintiff temple for
collecting parking fees from the devotees with effect from 01.04.2024 till
31.03.2025.
6. In the result, the plaintiff temple is entitled for an order of
permanent injunction as prayed for.
7. With these observations, the Second Appeals are disposed of.
The plaintiff temple is at liberty to apply for renewal in the month of
February or March well in advance. There is no order as to costs.
11.12.2023
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
akv
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https://www.mhc.tn.gov.in/judis
S.A.(MD).Nos.331 and 393 of 2007
To
1.The Sub Court,
Thanjavur.
2.The District Munsif Court,
Thiruvaiyaru.
3. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A.(MD).Nos.331 and 393 of 2007
R.KALAIMATHI,J.
akv
S.A.(MD).Nos.331 and 393 of 2007
11.12.2023
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