ARULMIGU MAHA MARIAMMAN KOIL Vs. PERIYANAICKENPALAYAM PANCHAYAT

JUDGEMENT

(1.) BEING aggrieved by the dismissal of the suit in respect of B-Schedule property and part of A-Schedule property, unsuccessful Plaintiff temple - Arulmigu Maha Mariamman Koil represented by its Hereditary Trustees have filed this appeal.

(2.) THE suit property relates to two items of properties - A-Schedule - S.F.No.439, measuring 2.56 acres in Perianaicken Palayam village, Coimbatore and B-Schedule - western block and north eastern side in which the Defendant panchayat is said to have put up constructions. Case of Plaintiff is that as per the settlement records, suit property i.e., the lands having an extent of 2.56 acres in S.F.No.439 of Periyanaickenpalayam village belongs to Plaintiff temple. Main temple building and sanctum sanctorum of the temple is situated at the eastern side of the suit properties and the entire western side property is vacant. According to Plaintiff, the temple is 100 years old and is hereditarily managed by P.V.Srinvasan and P.R.Govindarajulu's family and before them by their predecessors. Defendant-Town Panchayat have no right over the suit property. Case of Plaintiff is that when the Defendant-Town Panchayat tried to interfere with the Plaintiff's right over the suit property. Plaintiff filed suit in O.S.No.1527/1987 on the file of II Additional District Munsif Court, Coimbatore seeking permanent injunction restraining them from in any way interfering with their right and possession of the suit property and the said suit was decreed on 16.4.1992 granting permanent injunction. Since the Defendant - Panchayat have not preferred any appeal, the said Judgment become final and it is binding on the Defendant. Further case of Plaintiff is that during the pendency of the above suit, Defendant had put up construction in the B schedule property. Since the Defendant - Panchayat is trying to put up further construction in 'B' schedule property, Plaintiff-temple filed the suit for declaration of its right over entire A - Schedule property and for removal of constructions and for possession of 'B' schedule and for permanent injunction restraining the Defendant from in any way interfering with the Plaintiff's right to use the 'A' schedule property and also permanent injunction restraining the Defendant from in any way from putting up any further construction in 'B' schedule property.

(3.) UPON analysis of oral and documentary evidence and with reference to Exs.B.7 to B.12, trial Court held that Survey No.439 - 2.56 Acres was already sub-divided. Pointing out the constructions put up in the suit property viz., Village Administrative Officer's Office, Revenue Inspector's Office and Panchayat Office and shopping complex constructed by Defendant Panchayat, trial Court held that the Plaintiff is not entitled to removal of constructions from B schedule property and answered issue No.1 against the Plaintiff - temple. Referring to Ex.C.3 - surveyor's plan, wherein 62 cents in S.F.No.439 is registered in the name of Plaintiff temple, trial Court held that the Plaintiff Temple would be entitled to declaration only to the extent of 62 cents in S.F.No.439 and granted declaration and permanent injunction only in respect of portions marked as "S-I" and "S-IV" in Ex.C.3. The trial Court declined the relief of removal of constructions and also refused to grant permanent injunction in respect of 'B' schedule property.