REVATHY Vs. RAMALINGAM

JUDGEMENT

(1.) Defendants 2 to 4 in O.S. No., 515 of 1991, on the file of First Additional District Munsif's Court, Pondicherry, are the appellants. The suit filed by plaintiff was to declare that the Deity 'Ezhai Naga Muthumariamman' at the northern dead end of the Kumaran Street, Pondicherry has become the absolute owner of the land it occupied and as such entitled to enjoy the said land absolutely without any interruption from the defendants and from being interfered with any of its development as well, and to pass a decree of permanent injunction restraining the first defendant authority and defendants 2 to 4 from in any manner interfering with the existence and in the offer of worship at the Temple Ezhai Muthu Naga Mariamman at the northern dead end of the Street mentioned above, and for costs.

(2.) In the plaint, it is said that the Deity has been occupying the area for the last more than 60 years and the inhabitants of the locality are worshipping in that Temple. The Idol and the Temple are in uninterrupted possession of the site on which it stands and it has gained considerable prominence in and around the area. Defendants 2 to 4 are individuals who are living further beyond the dead end of the street and now they are attempting to interfere with the site in which the Temple stands and the Municipality has also colluded with the defendants 2 to 4. Certain allegations have been made in para 5 of the plaint regarding 1st defendant -Municipality. I do not want to further probe into the matter, for, the Municipality remained ex parte before both the Courts below.

(3.) Defendants 2 to 4 objected to the plaint claim, The existence of the Temple is not disputed.