NARAYANAN AND ORS. Vs. ULAGANATHAN AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the fair and decretal order dated 03.03.2017 made in I.A.No.194 of 2016 in O.S.No.200 of 2015 on the file of Additional District Munsif Court, Namakkal thereby dismissing the petition for rejection of plaint.

(2.) The petitioners are the defendants 1 to 8 and the respondents 1 to 3 are the plaintiffs in the suit. The respondents 1 to 3 filed a suit in O.S.No.200 of 2015 for a declaration that the suit temple is a public temple and consequential injunction from interfering with the administration and also performing poojas on the suit temple by the officials of the Hindu Religious and Charitable Endowment Department. They also sought for injunction as against the petitioners herein not to restrain the public from worshipping the God and also restraining them from doing administration and performing poojas as their own temple. Therefore, the petitioners filed a petition in I.A.No.194 of 2016 for rejection of plaint on the ground that Section 63(a) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'the Act1 for short), the Joint Commissioner or the Deputy Commissioner of the Hindu Religious and Charitable Endowments Department shall alone have power to inquire into and to decide whether the suit temple is a public or a private temple. Therefore, the jurisdiction of the Civil Court is barred under Section 108 of the Act.

(3.) The Court below dismissed the petition in I.A.No.194 of 2016 for the reason that the petitioners herein not denied that the temple under the management and possession of the Hindu Religious and Charitable Endowments Department. Therefore, the suit temple is assumed that it is a Public temple. The right of the respondents 1 to 3 herein are civil in nature and as such the suit is very much maintainable.