THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT. Vs. SRI HANUMAR THIRUKOIL,ADUTHURAI.

JUDGEMENT

(1.) The defendants 1 and 2 in the suit in O.S.No.437 of 1995 on the file of the Principal District Munsif Court, Valangaiman at Kumbakonam are the appellants in this Second Appeal. The first respondent herein, as plaintiff, filed the suit in O.S.No.437 of 1995 for a declaration that Sri Hanumar Thirukovil, Aduthurai, belonged to a religious denomination, Padmasaliya community, Aduthurai, that the temple is a denominational institution protected under Art. 26 of the Constitution of India and Sec. 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and that the temple is entitled to be managed and administered only by the said Padmasaliya denominational community and for a consequential injunction restraining the appellants herein from interfering with the administration and management of the plaintiff temple by way of appointment of trustees, etc.

(2.) The case of the plaintiff / first respondent as stated in the plaint are as follows:

(3.) Sri Hanumar Thirukoil Aduthurai is situated very near Sri Navaneetha Krishna Swamy Temple Nandavanam and both the above temples belong absolutely to Padmasaliya Community, a religious denomination at Aduthurai. The denominational character of Sri Navaneethakrishnaswamy temple was upheld by the High Court in A.S.No.50 of 1972 and the Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, upheld the denominational character of the said temple in O.A.No.9 of 1979.