KOTTAR CHETTU NAINAR DESIKA VINAYAGAR DEVASWOM TRUST AND ORS. Vs. THE ASSISTANT COMMISSIONER, H.R. AND C.E., DEPARTMENT AND ORS.

JUDGEMENT

(1.) C.R.P(Md)No.525 of 2007 is filed challenging the order made in I.A.No.142 of 2005 in A.S(SR)No.1398 of 2005 dated 29.01.2007 on the file of District Court, Kanyakumari at Nagercoil, wherein and whereby, the delay of 539 days in filing the appeal was condoned. The said appeal was filed with such delay against the Judgement and Decree passed in O.S.No.1208 of 1993 dated 15.12.2003 on the file of II Additional District Munsif Court, Nagercoil. The said suit was filed seeking for the relief of a declaration, declaring that the Kottar Chettu Samudayam Vagai Nainar Desika Vinayagar Temple and its properties in Vadiveeswaram Village, Agasteeswaram Taluk, a constituted religious denominational institution, is entitled to protection under Article 26 of the Constitution of India and that the H.R. & C.E., Department has no manner of right to interfere with the affairs of management and administration of the temple and for permanent injunction restraining the defendants from taking any proceedings in pursuant to the notice dated 29.11.1993. The trial Court by its Judgment and Decree dated 15.02.2003 decreed the suit as prayed for. Therefore, the above appeal was preferred by the H.R. & C.E., department, however with the delay, which was condoned by the appellate Court as stated supra.

(2.) C.R.P(Md)No.526 of 2007 is filed against the order made in I.A.No.141 of 2005 in A.S(SR)No.1392 of 2005 dated 29.01.2007 on the file of District Court, Kanyakumari at Nagercoil, in condoning delay of 403 days in filing an appeal against the Judgment and Decree made in O.S.No.139 of 1997 dated 15.12.2003 on the file of the II Additional District Munsif Court, Nagercoil. The said suit was filed seeking for a decree of declaration, declaring that the Madams described in the plaint schedule are charitable endowments and so they are outside the purview/provisions of the H.R. & C.E Act in the absence of any Notification issued under Section 3 of the said Act and for permanent injunction restraining the H.R & C.E., department from claiming account of the plaint madams or claiming any amounts regarding the same and interfering with the administration of the plaint madams by its trustees. The trial Court by its Judgment and Decree dated 15.02.2003 decreed the suit as prayed for. Challenging the said Judgement and Decree, the H.R. & C.E., department preferred the above appeal, however with the delay, which was condoned by the appellate Court as stated supra.

(3.) It is to be noted that the trial Court decreed both the suits by a common Judgment. Thus, the above two civil revision petitions are filed by the plaintiffs aggrieved against the order of the lower appellate Court in condoning the delay in filing the appeals.