C NALLASIVAN PILLAI Vs. COMMISSIONER

JUDGEMENT

(1.) THE appellant in LPAs 11 and 12 of 2002 is the first respondent in A. S. Nos. 960 of 1987 and 654 of 1988 and plaintiff in O. S. Nos. 36 and 37 of 1985. The respondents herein are the defendants in the suit. For the purpose of reference, the parties as arrayed in LPAs 11 and 12 of 2002, are referred to in the same manner in all the appeals.

(2.) THE appellant has filed two applications viz. , O. A. Nos. 7 and 10 of 1983 before the Deputy Commissioner, Tirunelveli under Sections 63 (a) and 63 (b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the 'act') to declare him as the hereditary trustee of Chokkanathan Kalakutty Mutt and Vaduganatha Pillayar Temple in Parakkai village, Agasteeswaram Taluk, Kanyakumari District, and its properties constitute a private Trust belonging to a Nanjilnadu Vellala Tarwad and the said institution is a private religious institution. The said applications were dismissed on 25. 2. 1984, against which the appellant preferred appeals in A. P. Nos. 52 and 53 of 1984 before the Commissioner, HRandce Department, Madras which were also dismissed. Aggrieved against the said orders, the appellant filed statutory suits as contemplated under Section 70 of the Act in O. S. Nos. 36 and 37 of 1985 on the file of the Subordinate Judge, Nagercoil.

(3.) THE trial Court decreed the suits and rendered a finding that the temple falls outside the purview of the provisions of the Act and also held that the temple is a private temple and the same is under the management of the plaintiff/appellant, but however, not rendered any finding as between the inter se dispute between the appellant/plaintiff and the second respondent/second defendant, as the said issue need not be gone into.