COMMISSIONER Vs. T S PALANICHAMY

JUDGEMENT

(1.) In this appeal filed by the State it is contended that the suit temple is a public temple. The learned single Judge has held otherwise by reversing the judgment of the trial Court.

(2.) The temple is situated in Thottipalayam village, Palladam Taluk. According to the plaintiff it is not a public temple and it is one that was installed by his fore-fathers. The temple does not have a Prakaram, does not have a Gopuram and there is no Hundial kept therein. According to the plaintiff, the public were permitted to worship therein on occasions, but not as of right. As against that claim of the plaintiff, the State relies upon the report filed by it by it's Inspector in which it is stated that information is received by the Inspector, that the temple was established by the grandfather of the plaintiff. He confirms in that report that there is no Gopuram, no Prakaram and that there is no Hundial kept therein. The only witness examined for the State is that Inspector, who merely states that at the time of his visit there were some people offering worship at the temple. There is no evidence of any Utsava held at the temple at the expense of the members of the public or of any donations made to the temple by the members of the public or that any festival was organised at the temple in which the public participated as of right. There is no evidence of Utsavamoorthy kept therein or of any procession being taken out for any other idol in connection with the poojas performed in that temple.

(3.) Learned counsel for the State contended that there is a presumption as regards the temples in south India that they are public temples and therefore the burden is heavy upon the plaintiff to dislodge that presumption.