COMMISSIONER Vs. ARULMIGHU ARASADI KARPAGA VINAYAGAR TEMPLE

JUDGEMENT

(1.) The defendant in the suit is the appellant. In the plaint filed under Section 70 of the Tamil Nadu Hindu Religious Act 22/59, his prayer is for cancelling the orders of the Deputy Commissioner and Commissioner of H.R. & C.E. dated 20.5.78 and 30.8.80 respectively and for declaring that the temple is a private temple. The suit was decreed as prayed for. The present appeal is filed by the Commissioner, H.R.& C.E.

(2.) The brief facts of the case are as follows : The parties are referred to as per the ranking in the trial Court. The plaintiff, namely Arulmigu Arasadi Karpaga Vinayagar Temple, represented by its hereditary Trustee C.S. Mani Mudaliar, has filed an application O.A. No.21 of 1976 under Section 63 (a) of Tamil Nadu H.R. & C.E. Act for a declaration that the temple in question is not a temple as defined under the Act before the Deputy Commissioner, who by an order dated 20.5.78, held that the temple is a public temple. According to him, the decision rendered in C.S.320/1912 dated 21.8.1914 has become final in establishing the public character of the temple and observed that the petition is only to prolong the misappropriation of the income of temple properties and ultimately dismissed the application, directing the proper authorities to take effective action to prevent further misappropriation of the temple funds and to make suitable arrangements by way of appointing an Executive Officer to set right the administration.

(3.) As against the order of the Deputy Commissioner, C.S. Mani Mudaliar filed an appeal in A.P.NO.30 of 1979 before the Commissioner, Hindu Religious Charitable Endowment Administration, who by order dated 30.8.1998, confirmed the order of the Deputy Commissioner and dismissed the appeal. The present suit in O.S.NO.1677 of 1981 came to be filed under Section 70 of the Act for the relief referred to above.