C.PINNIAMMAL Vs. JAKKAMMAL

JUDGEMENT

(1.) The defendants in O.S.No.501 of 2005 are the appellants. The suit was filed under Sec. 70 of the Hindu Religious and Charitable Endowments Act, 1959.

(2.) According to the plaintiff, it is a registered Society. The said Sangam has got 342 members. It purchased an extent of 8 grounds and 2265 Sq.ft. of land from the Tamil Nadu Housing Board and constructed a temple for Lord Iyyppa in the said land. The sale deed was executed on 17.11.1980 in favour of the Society. Idol of Lord Vinayaga and Iyyappa were installed in the premises on 11.05.1980. A day care centre for the aged, destitue women was also contructed in the said land. Free Medical camps are also conducted by the plaintiff's Sangam. After construction of the temple, the Hindu Religious and Charitable Endowmnent department appointed a fit-person for the said temple. This led to filing of an application under Sec. 63(a) of the Hindu Religious and Charitable Endowments Act, 1959 before the 2nd defendant in the suit namely the Joint Commissioner, Hindu Religioius and Charitable Endowment ( Admn.,), Chennai. The said application was numbered as O.A.No.10/1999 and the Joint commissioner, The Hindu Religioius and Charitable Endowments Department allowed the same after enquiry and held that the Sangam is not a Religious institution as defined under section 6(18) of Hindu Religious and Charitable Endowments Act 22 of 1959 by an order dated 08.11.2000.

(3.) The Third defendant in the suit namely fit person appointed by the 1 st defendant namely the Commissioner HR & CE, filed an appeal before the First defendant in A.P.No.09/2001. The said appeal was allowed setting aside the order passed in O.A.No.10/1999 by an order of the first defenant dated 06.01.2005. Aggrevied by the said order of the first defendant dated 06.01.2005 the present suit has been filed under Sec. 70 of the Tamil Nadu Hindu Religioius and Charitable Endowments Act. The plaintiff contended that the Iyyappa Temple constructed by the sangam is neither a temple, nor a Religious Institution as defined Under section 6(20) or under section 6(18) of the Tamilnadu Hindu Religioius and Charitable Endowment Act. The plaintiff would contend that the land on which temple has been constructed is a private land belonging to the Sangam and the temple does not possess separte entity.