LEIGH BAZAAR MERCHANTS ASSOCIATION LTD Vs. COMMISSIONER

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and Decree dated 30.04.1996 made in O.S.No.285 of 1996 on the file of the Sub-Court, Salem.

(2.) THE appellants herein were the plaintiffs in the suit. THE suit was filed against the order dated, 11.04.1986 passed by the Commissioner, H.R & C.E., Chennai, the first respondent herein in A.P.No.49 of 1982, seeking a decree for setting aside the order, and for permanent injunction, restraining the respondents herein not to interfere with the management of the affairs of the suit temple.

(3.) ACCORDING to the appellants, there was no dedication or any public contribution for the suit temple, nor any hundial is installed and no money was collected from the public, hence, it is a private temple. The appellants have averred that the Assistant Commissioner, H.R & C.E., (Admn) Salem " 4, pursuant to his proceeding had sent a notice, calling upon the first appellant to hand over the temple administration to the Executive Officer, the third respondent herein, for which the first appellant sent a reply notice on 22.09.1978 and also filed a petition on 03.10.1978 before the Assistant Commissioner, Salem to drop the Proceedings in ROC.11538/78/A1/ dated 3.11.78. The Assistant Commissioner, H.R. & C.E., Salem, the second respondent herein, by his order, dated 23.02.1979, directed the appellants to file a petition to the Deputy Commissioner, H.R & C.E., under Section 63 (a) of the H.R. & C.E., Act, for seeking appropriate relief, stating that the second respondent has not been empowered to act under Section 63 (a) of the said Act.