SIVASUBRAMANIA BATTAR Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT NUNGAMBAKKAM CHENNAI

JUDGEMENT

(1.) THE challenge in this Writ Petition is to the order dated 23 February, 2012, on the file of the third respondent, whereby and whereunder, the fifth respondent was appointed to perform the poojas from 18th to 20th day of Tamil month.

(2.) ACCORDING to the petitioner, his father was granted the privilege to do pooja Murai on the strength of the judgment and decree dated 08 December, 1971 in O.S.No.287 of 1969, on the file of the District Munsif Court, Srivaikundam, as confirmed by the judgment and decree dated 06 November, 1972, in A.S.No.23 of 1972 on the file of Sub Court, Tuticorin. The Joint Commissioner/Executive Officer, Tiruchendur passed an order on 10 January, 1975, permitting Thiru.Subramania Battar, father of the petitioner to exercise his pooja Murai till his death. Thereafter, the Joint Commissioner confirmed the right of the petitioner to exercise the pooja right.

(3.) THE Joint Commissioner/Executive Officer, Arulmighu Subramaniya Swamy Temple, Tiruchendur, filed a counter disputing the right claimed by the petitioner. According to the Joint Commissioner, Subramania Battar was temporarily given the right to do the religious service. THE proceedings dated 10 January, 1975 contains a clear statement that the hereditary right was not recognized. THE fifth respondent also does not have any hereditary right to claim pooja murai. Thiru.Gomathi Sankara Battar has filed a suit in O.S.No.159 of 2010 before the learned District Munsif, Tiruchendur, impleading the writ petitioner, fifth respondent and the temple as parties and his prayer was to grant a decree of permanent injunction restraining the authorities from disturbing his peaceful pooja kaingaryam in the temple from 18th to 20th day of every Tamil month. THE said suit is pending. According to the Joint Commissioner, the appointment in question was made only as a temporary measure. THE petitioner has no right to claim pooja right and as such, the very Writ Petition is liable to be dismissed.