LAWS(MAD)-2023-2-77

ARULMIGHU SUYAMBULINGASWAMY THIRUKOIL, VUVARI, REP. , BY ITS HEREDITARY TRUSTEE, P. K. S. T. RADHAKRISHNAN, KEEZH VUVARI, RATHAPURAM TALUK, THIRUNELVELI DISTRICT. Vs. ANNAMALAI

Decided On February 02, 2023
Arulmighu Suyambulingaswamy Thirukoil, Vuvari, Rep. , By Its Hereditary Trustee, P. K. S. T. Radhakrishnan, Keezh Vuvari, Rathapuram Taluk, Thirunelveli District. Appellant
V/S
ANNAMALAI Respondents

JUDGEMENT

(1.) Arulmighu Suyambulingaswamy Kovil, represented by its Hereditary Trustee, is the appellant in these second appeals. These second appeals are arising out of either the suits filed by the temple against the Archakas or the suits filed by the Archakas against the temple. These second appeals were grouped together, as common substantial questions of law arise for consideration regarding hereditary priestship of priests engaged in poojas of the temple.

(2.) S.A.No.2057 of 2002 is arising out of a suit in O.S.No.120 of 1997 filed by the appellant/temple, represented by its Hereditary Trustee against 27 priests engaged in the temple. The appellant sought for a declaration that the defendants/respondents therein were not Archakas (Priests) of the temple and for injunction restraining them from interfering with the performance of pooja and related activities by the temple administration. The appellant also sought for injunction restraining the respondents therein from selling pooja related articles in the temple premises.

(3.) The suits in O.S.Nos.120, 182 and 184 of 1997, out of which S.A.Nos.2057, 2058 and 2059 of 2002 are arising, were tried together and the suit filed by the appellant/temple in O.S.No.120 of 1997 was dismissed and the findings of the trial Court were confirmed by the first appellate Court. The other two suits in O.S.No.182 of 1997 and 187 of 1997, filed by the Priest Association out of which S.A.Nos.2058 and 2059 of 2002 are arising, were decreed by the trial Court and the findings were confirmed in first appeals.