S K VELU Vs. COMMISSIONER

JUDGEMENT

(1.) Heard Mr.W.C.Tiruvengadam for Mr.W.C.Sridhar, learned counsel appearing for appellants, Mr.M.R.Murugesan, learned Government Advocate *HR&CE) for respondents 1 and 2 and Mr.D.Shivakumaran, learned counsel appearing for respondents 3 to 5.

(2.) This appeal is filed under Section 70(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) (for short HR&CE Act) against the judgment and decree made in O.S.No.51 of 1996, dated 21.12.2006 on the file of the learned Subordinate Judge, Namakkal. Pleadings set was printed and circulated. The original records were also summoned and were perused.

(3.) The three appellants are the plaintiffs in the suit. The suit was filed to set aside the order of the first defendant, i.e. The Commissioner of HR&CE Department in C.No.89224 of 1994 on 09.11.1995 and to set aside the scheme covered by the order passed by the Commissioner and also for further relief of declaration that defendants 3 to 5 are not hereditary trustees of the suit temple and for grant of consequential permanent injunction restrianing them from preventing the plaintiffs with their agnates worshipping the Nallayee Amman deity always and participating in the festival as usual celebrated during the month of Panguni of each year and to prevent them from altering the physical features of Gopuram and the building of the temple as well as to set aside the scheme which was framed by the Deputy Commissioner, HR&CE Department, Coimbatore which was inconsistent and repugnant to the Act.