Madras High Court
Theni Maavatta Rajakambalathar vs P.Singaraj on 28 August, 2025
S.A.(MD) Nos.370 to 376 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.08.2025
CORAM:
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
S.A.(MD) Nos.370 to 376 of 2025
and
CMP(MD)Nos.12898,12900, 12903, 12905, 12915,
12916 & 12917 of 2025
Theni Maavatta Rajakambalathar
Andipatti Maalikovil Sangam,
Thalaivar T.Navaneethakrishnan,
S/o.Thangapandian,
Andipatti Town &Taluk,
Theni District.
.. Appellant/Respondent/Plaintiff
in all Second Appeals
Vs.
P.Singaraj
S/o.Late.Periyana Thevar,
Door No.8-1/660, Theni Madurai Main Road,
Eastern Side of Andipatti Police Station,
Andipatti Town, Andipatti Taluk,
... Respondent / Appellant / Defendant
in SA(MD)No.370 & 371 of 2025
P.Meena
W/o.Late.Paramasivam, Theni Madurai Main
Road, Eastern Side of Andipatti Police Station,
Andipatti Town, Andipatti Taluk,
Theni District. ... Respondent / Appellant / Defendant
in SA(MD)No.372/2025
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S.A.(MD) Nos.370 to 376 of 2025
Preethi
Malaikovil Complex,
Theni Madurai Mai Road,
Eastern Side of Andipatti Police Station,
Andipatti Town, Andipatti Taluk,
Theni District. ... ... Respondent / Appellant / Defendant
in SA(MD)No.373/2025
P.Jeyakumar
S/o. Late. Palanichamy Asari,
Old D.No.11- 12-233, New D.No.1/666,
Theni Madurai Main Road,
Eastern Side of Andipatti Police Station,
Andipatti Taluk,
Theni District. ... Respondent / Appellant / Defendant
in SA(MD)No.374/2025
1. A.Murugan
S/o.Late. Ayyavu, Door No.8-1/656, Theni
Madurai Main Road, Eastern Side of
Andipatti Police Station, Andipatti Town,
Andipatti Taluk, Theni District.
2. A.Raja
S/o.Late. Ayyavu, Door No.8-1/656, Theni
Madurai Main Road, Eastern Side of
Andipatti Police Station, Andipatti Town,
Andipatti Taluk, Theni District.
... Respondents/ Appellants / Defendants
in SA(MD)No.375/2025
R.Tamilarasan
W/o. Late. Ramasamy Nadar,
Theni Madurai Main Road,
Andipatti Police Station East,
Andipatti Town, Andipatti Taluk,
Theni District. ... Respondent / Appellant / Defendant
in SA(MD)No.376/2025
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S.A.(MD) Nos.370 to 376 of 2025
PRAYER in S.A.(MD)No.370 of 2025: Second Appeal filed under
Section 100 of C.P.C., to call for the records pursuant to the judgment
and decree passed by the learned Subordinate Judge, Theni, in A.S.No.
20 of 2023 dated 26-02-2025 by reversing the judgment and Decree
passed by the District Munsif Court, Andipatti, O.S.No.80 of 2019
dated 25-01-2023 and set aside the same and decree the suit and thus
render justice.
PRAYER in CMP(MD)No.12898 of 2025:
To grant an order of Ad-interim injunction restraining the
respondent herein from making any alteration of construction in the suit
property pending disposal of the main second appeal and thus render
justice.
PRAYER in SA(MD)No.371 of 2025: Second Appeal filed 100 of
under Section Civil Procedure Code, to call for the records pursuant to
the judgment and decree passed by the learned Subordinate Judge
Theni in A.S.No.27 of 2023 dated 26-02-2025 by reversing the
judgment and Decree passed by the learned District Munsif Court
Andipatti O.S.No.81 of 2019 dated 25-01-2023 and set aside the same
and decree the suit and thus render justice.
PRAYER in CMP(MD)No.12900 of 2025:
To grant an order of Ad-interim injunction restraining the
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S.A.(MD) Nos.370 to 376 of 2025
respondent herein from making any alteration of construction in the suit
property pending disposal of the main second appeal and thus render
justice.
PRAYER in SA(MD)No.372 of 2025:Second Appeal filed 100 of
under Section Civil Procedure Code, to call for the records pursuant to
the judgment and decree passed by the learned Subordinate Judge
Theni in A.S.No.19 of 2023 dated 26-02-2025 by reversing the
judgment and Decree passed by the learned District Munsif Court
Andipatti O.S.No.86 of 2019 dated 25-01-2023 and set aside the same
and decree the suit and thus render justice.
PRAYER in CMP(MD)No.12903 of 2025:
To grant an order of Ad-interim injunction restraining the
respondent herein from making any alteration of construction in the suit
property pending disposal of the main second appeal and thus render
justice.
PRAYER in SA(MD)No.373 of 2025: Second Appeal filed 100 of
under Section Civil Procedure Code to call for the records pursuant to
the judgment and decree passed by the learned Subordinate Judge
Theni in A.S.No.43 of 2023 dated 26-02-2025 by reversing the
judgment and Decree passed by the District Munsif Court Andipatti
O.S.No.83 of 2019 dated 25-01-2023 and set aside the same and decree
the suit and thus render justice.
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S.A.(MD) Nos.370 to 376 of 2025
PRAYER in CMP(MD)No.12905 of 2025:
To grant an order of Ad-interim injunction restraining the
respondent herein from making any alteration of construction in the suit
property pending disposal of the main second appeal and thus render
justice.
PRAYER in SA(MD)No.374 of 2025: Second Appeal filed 100 of
under Section Civil Procedure Code, to call for the records pursuant to
the judgment and decree passed by the Subordinate Judge Theni in
A.S.No.17 of 2023 dated 26.02.2025 by reversing the judgment and
Decree passed by the learned District Munsif Court, Andipatti, O.S.
No.82 of 2019 dated 25.01.2023 and set aside the same and decree the
suit and thus render justice.
PRAYER in CMP(MD)No.12915 of 2025:
To grant an order of Ad-interim injunction restraining the
respondent herein from making any alteration of construction in the suit
property pending disposal of the main second appeal and thus render
justice.
PRAYER in SA(MD)No.375 of 2025: Second Appeal filed 100 of
under Section Civil Procedure Code, to call for the records pursuant to
the judgment and decree passed by the learned Subordinate Judge
Theni in A.S.No.18 of 2023 dated 26.02.2025 by reversing the
judgment and Decree passed by the learned District Munsif Court
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S.A.(MD) Nos.370 to 376 of 2025
Andipatti O.S.No.85 of 2019 dated 25.01.2023 and set aside the same
and decree the suit and thus render justice.
PRAYER in CMP(MD)No.12916 of 2025:
To grant an order of Ad-interim injunction restraining the
respondent herein from making any alteration of construction in the suit
property pending disposal of the main second appeal and thus render
justice.
PRAYER in SA(MD)No.376 of 2025:Second Appeal filed 100 of
under Section Civil Procedure Code, to call for the records pursuant to
the judgment and decree passed by the learned Subordinate Judge
Theni in A.S.No.23 of 2023 dated 26.02.2025 by reversing the
judgment and Decree passed by the learned District Munsif Court
Andipatti O.S.No.84 of 2019 dated 25.01.2023 and set aside the same
and decree the suit and thus render justice.
PRAYER in CMP(MD)No.12917 of 2025:
To grant an order of Ad-interim injunction restraining the
respondent herein from making any alteration of construction in the suit
property pending disposal of the main second appeal and thus render
justice.
APPEARANCE OF PARTIES:
(In all Second Appeals)
For Appellant : Mr. Laxmi Gopinathan, Advocate,
for Mr.M.Prabu, Advocate
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S.A.(MD) Nos.370 to 376 of 2025
COMMON JUDGMENT
Heard.
2. This batch of Second Appeals [S.A.(MD) Nos. 370 to 376
of 2025] is taken up together for final disposal, as all the appeals arise
from suits instituted by the same plaintiff in respect of the same suit
property, though the defendants in each suit are different. The Trial
Courts and the First Appellate Courts have rendered separate judgments
and decrees in each of these cases. However, since the core questions of
law, the documentary evidence, and the nature of relief claimed are
substantially identical, a common judgment is being pronounced to
govern all the appeals.
3. For the sake of convenience, the parties would be referred
to as per their ranks before the trial Court.
4. The plaintiff, describing itself as a society registered under
the Tamil Nadu Societies Registration Act, 1975, has filed the present
suit seeking recovery of possession of the suit property and permanent
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S.A.(MD) Nos.370 to 376 of 2025
injunction. According to the plaintiff, the property belongs to the
society, and the defendant’s father was permitted to occupy it on the
condition that he would vacate whenever required. As the defendants'
father in O.S.Nos.80, 81, 83, 82 & 85 of 2019 (in SA(MD)Nos.370,
371, 373, 374 & 375 of 2025), the defendant in O.S.No.84 of 2019 (in
SA(MD)No.376 of 2025) and the defendant's husband in O.S.No.86 of
2019 (in SA(MD)No.372 of 2025), being a permissive occupier, failed
to vacate even after the permission was revoked, the plaintiff society
has instituted this suit for recovery and permanent injunction.
5. The two principal issues that arise for determination in the
present case are:
(i) the identity of the property in dispute, and
(ii) whether the plaintiff society has ownership/ right to
institute the suit.
6. The plaintiff claims that the suit property forms part of
Survey No. 718, which belongs to the society, and that the defendant’s
is in possession of the same. The defendant, on the other hand,
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S.A.(MD) Nos.370 to 376 of 2025
contended that his occupation relates to Government poromboke land
situated in Survey No. 712. The first appellate court held that the
plaintiff had failed to establish that the land in the defendant’s
occupation is Survey No. 718.
7. It is noted that an Advocate Commissioner was appointed,
who, with the assistance of the surveyor, inspected the suit property and
submitted a report. The Commissioner’s report, together with the
survey sketch, established that the defendant is in occupation of the
property in Survey No. 718. The trial court, upon consideration of the
said report, categorically recorded in paragraph 51 of its judgment that
the defendant is in possession of the suit property. However, this
finding was ignored by the first appellate court.
8. With respect to ownership, it stands admitted that the suit
property in Survey No. 718 belongs to the Andipatti Kambalathar Malai
Koil Trust, as evidenced by Ex. A1, the order of the Settlement
Tahsildar dated 15.10.1971. The property was endowed to the Trust for
the purpose of conducting festivals and poojas in the Andipatti
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S.A.(MD) Nos.370 to 376 of 2025
Kondama Nayakkanpatti Kambalathar Malai Koil, situated in Survey
No. 716/2. This position is further reinforced by Ex. A2, the judgment
dated 30.09.1983.
9. The plaintiff society came into existence only on
26.03.2006 and was registered on 27.04.2006 under the Tamil Nadu
Societies Registration Act, 1975. It is evident that the Trust and the
Society are two distinct legal entities, and the mere adoption of a
similar name has led to confusion. The property was originally
endowed to the Trust, with the temple community as the beneficiary,
and it is apparent that the Trust is a public religious trust administered
by hereditary trustees.
10. The plaintiff’s claim that the society is a continuation of
the Trust is legally untenable. There exists no provision in law enabling
the conversion of a Trust into a Society. A public trust endures until its
objects are fulfilled; and even if those objects become incapable of
performance, it is only a competent court that may, by invoking the
doctrine of cy pres under Section 92(3) of the Code of Civil Procedure,
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S.A.(MD) Nos.370 to 376 of 2025
redirect the trust property or its income to another similar trust. The
extinguishment or merger of a public trust into a society is wholly
unknown to law.
11. Therefore, the plaintiff society, being a distinct legal
entity with non-religious objectives, is not competent to maintain a suit
for recovery of the property belonging to a public trust. The plea that
the suit is instituted in the capacity of administrator of the temple is
equally untenable, as the society’s president is not shown to have acted
in such capacity. On the contrary, the present president—who is also the
son of the former hereditary trustee—has dealt with the trust property
as though it were his personal or family property by executing a release
deed (Ex. B2) along with his siblings. Significantly, one of the releasees
later repudiated his right and sought to support the society’s claim,
thereby creating further encumbrance and confusion in respect of the
trust property.
12. In light of the foregoing discussion, the first appellate
court rightly dismissed the suit, holding that the plaintiff society lacks
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S.A.(MD) Nos.370 to 376 of 2025
locus standi to maintain the action, and there is no error in its findings.
This Court finds no merit in the appeal. The findings of the first
appellate court are well-founded and warrant no interference. The
appellant-society’s contention that it represents a continuation of the
public trust is legally untenable.
13.This Court is of the considered view that no substantial
question of law arises for consideration in this second appeal, as
contemplated under Section 100 of the Code of Civil Procedure.
14. In the result, for the reasons stated above, all the Second
Appeals viz., S.A.(MD) Nos. 370, 371, 372, 373, 374, 375 and 376 of
2025 are dismissed on the above terms. No costs. Connected
miscellaneous petitions are closed.
Speaking : Yes / No 28.08.2025
NCC : Yes / No
Index : Yes / No
LS
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S.A.(MD) Nos.370 to 376 of 2025
Copy to:
1.The Subordinate Judge,
Theni.
2.The District Munsif Court,
Andipatti.
3.The Section Officer
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A.(MD) Nos.370 to 376 of 2025
DR.A.D.MARIA CLETE, J.
LS
S.A.(MD) Nos.370 to 376 of 2025
28.08.2025
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