ARULMIDHU VADAKKUVASAL CHELLIAMMAN BHADRAKALI TEMPLE TRUST THIRUNAINARKURICHY Vs. ASSISTANT COMMISSIONER H.R. & C.E.

JUDGEMENT

(1.) The plaintiffs are the appellants.

(2.) The plaintiffs filed O.S.No.213 of 1998 before the Principal District Munsif Cum Judicial Magistrate, Eranial for declaration that the first plaintiff trust and temple is a religious denominational one belonging to the Nair Community of Thirunainarkurichy. The plaintiffs prayed for a consequential permanent injunction restraining the defendants from interfering with the administration of the trust by the plaintiffs 2 to 4 or the trustees elected from time to time. The said suit was decreed by the trial Court. Defendants 2 and 3 filed A.S.No.47 of 2001 before the Subordinate Court, Padmanabhapuram. The learned Subordinate Judge was pleased to allow the appeal and dismissed the suit. As against the said judgment, the present second appeal has been filed by the plaintiffs.

(3.) The plaintiffs had contended that the plaint trust and the plaint properties are administered by the trustees namely plaintiffs 2 to 4 in the present suit. According to the plaintiffs, the trustees are periodically elected from and out of by the members of Nair community of Thirunainarkurichy. According to the plaintiffs, the beneficiaries of the plaint trust being exclusively the members of the Nair community of Thirunainarkurichy Village, the plaint trust is a denominational one and no other sec. of the Hindu public has any right in the plaint trust and they are not even worshippers of the plaint temple. According to the plaintiffs, defendants 2 and 3 have no locustandi to interfere in the administration of the plaint temple or its property.