MAYALAGU AMBALAM Vs. KR PR KARUPPIAH AMBALAM DIED

JUDGEMENT

(1.) THIS appeal arises out of a suit filed by the 1st respondent in appeal (who died subsequent to the filing of the appeal) for permanent injunction restraining the defendants and the villagers of Eluvankottai Serkai from interfering with the worshipping as the first person and receiving thiruneeru and theertham on the days of Maduyeduppu and the eye opening ceremony for mud horses on the Kuthiraiyeduppu day when the said festivals are conducted for Vadakkuvasal Chellayee Amman Koil and Poduru Ayyanar Koil alias Sevugu Perumal Ayyanar Koil in Eluvankottai and Poduvayal revenue village.

(2.) THE plaint ran as follows: In the villages commonly known as "Pananthope Serkai", the plaintiff was entitled to certain preferential rights in temples and certain honours in Pananthope and Eluvankottai Serkais, which were exercised by the plaintiff and his ancestors from time immemorial. Eluvankottai Serkai Village consisted of Eluvankottai Maduvikottai, Perivayal and Maruthani and Pahadi villages. In the village of Eluvankottai, there is a temple known as Vadakuvasal Chelliamman koil and another temple by name PoduvudiarAyyanar Koil alias Sovuga Perumal Ayyanar Koil in Perivayal. Festivals like Maduyeduppu and Kuthiraiyeduppu are being conducted from time immemorial during intervals of two years by the villagers of Eluvankottai and Pananthope Serkai jointly with the donations collected in the two groups. On the day of Maduyeduppu and at the time of eye opening function in the Kuthiraiyeduppu festival, the plaintiff is entitled as a matter of ancestral right to worship the Gods as the first person and receive the usual thiruneeru and theer-tham at that time. THE mode of worship has been exercised by the plaintiff's ancestors and the plaintiff and he acquired a prescriptive right to the same. THE right was also recognised by a judicial decision as early as in 1818 in suit number 58 of 1818 on the file of the Taluk District Munsif's Court, Sivaganga at Madurai. A certified copy of the judgment is filed with the plaint. A decree was passed on 25.7.1818 against the defendants in that suit directing them not to interfere with the rights of the plaintiff's ancestors. THE suit was filed against Madaiyan Siravali and others of Eluvankottai villages when they tried to interfere with the rights of the plaintiff's ancestors. In 1955, in the month of Ani, when the festivals were being conducted, the villagers of Eluvankottai Serkai attempted to interfere with the plaintiffs mode of worship and he filed an application before the Revenue Divisional Officer under Secs. 144 and 107 of the Code of Criminal Procedure and it was ordered that the plaintiff should worship first as usual. In 1966 when the festivals were conducted, the plaintiff had the usual customary worship first. THE festivals are due to commence in June, 1977 and it is being given out by the defendants that they would not allow the plaintiff to exercise the right of first worship, as they are inimically disposed towards him. Hence, the suit is filed for injunction. THE suit has been filed under Order 1 Rule 8 of the Code of Civil Procedure impleading the defendants for themselves and as representatives of the village Eluvankottai Serkai.

(3.) THE trial Court dismissed the suit holding that the plaintiff is not a trustee of Eluvankottai Serkai temples and he is not entitled to the honours claimed by him in the plaint. THE Trial Court also held that the right claimed in the suit is not a civil right within the meaning of Sec.9 of the Code of Civil Procedure and therefore, the plaintiff is not entitled to any of reliefs prayed for.