NATESA UDAYAR Vs. ADHAM FOR HIMSELF AND REPRESENTING THE VILLAGERS OF KEELAVALAIVU UDAYAR COMMUNITY PEOPLE OF MELARASUR VILLAGE LALGUDI TALUK TRICHY DISTRICT

JUDGEMENT

(1.) HEARD both sides.

(2.) THE appellants in the above Second Appeal are defendants 3 and 4 in O.S. No.257 of 1982 laid for declaration, to declare that the plaintiff and the members of his family as one group are entitled to conduct exclusively Kudiraivahana Mandagapadi in Mariamman and Selliamman Temples in Mela Arasur Village and receive the 1/5th share in the prasadam and offerings and all honours besides their right to participate in the celebration of the festival on other days, and for consequential permanent injunction.

(3.) THEREFORE, I am of the considered opinion that the dispute relating to such rights of the plaintiff/ respondent herein can be decided only in appropriate proceedings by the Joint Commissioner or Deputy Commissioner concerned, by exercising the power conferred under Sec.63(e) of the Act, as it is not disputed by either party that the suit temple is governed under the provisions of the Act and the trustees have also been appointed to administer the affairs of the temple and properties under the provisions of the Act.