COURTALLAM TOWN PANCHAYAT Vs. EXECUTIVE OFFICER, THIRUKUTHALANATHA SWAMY DEVASTHANAM, COURTALLAM AND OTHER

JUDGEMENT

(1.) The plaintiff in O.S.No.165 of 1993 on the file of the Principal Subordinate Court, Tenkasi, is the appellant herein. The appellant, the Executive Officer, Township Panchayat, Kutralam, had filed O.S.No.165 of 1993 to set aside the order dated 17.01.1991 passed in A.A.No.79/1987 by the second defendant, namely, the Commissioner, HR and CE Department, Chennai. Even though the suit had been filed under Order 7, Rule 1 CPC in effect, it is a suit filed under Section 70(2) of the Tamil Nadu Hindu Religious and Endowment Act, 1959.

(2.) The first defendant in the suit was the Executive Officer, Thiru Kutralanathaswamy Devasthanam, Courtallam. In the plaint, it had been stated that the properties described in the schedule, namely, land and building in S.No.482/45 and 482/48 in Kutralam Village, Tenkasi Taluk, Tirunelveli, were constructed in or about 1700 AD by Chokkampatty Zamindar. They were later acquired by the Government. The Government was carrying out Kattalais and maintained the temple and other buildings. There were also chatrams constructed in the place. They were later handed over to the District Board for management. After the demolition of the District Board, the schedule properties vested with the plaintiff, namely, Kutralam Township Panchayat, through its Executive Officer.

(3.) The Township Committee passed a resolution on 26.03.1958 to carry out the Kattalais properly. It had been claimed that the plaintiff was carrying out the Kattalais properly. The first defendant, namely, the Executive Officer, Thiru Kuthalanathaswamy Devasthanam, Courtalam, filed a petition before the Deputy Commissioner, HR and CE Department, Madurai raising allegations of mismanagement of the schedule property. This was transferred to the Deputy Commissioner, HR and CE Department, Tirunelveli. This petition was dismissed. However, the Deputy Commissioner, HR and CE Department, Tirunelveli, initiated suo motu proceeding under Section 36(9) of the Tamil Nadu Hindu Religious and Endowment Act, 1959 and directed production of the accounts for the year 1974-75 and 1977-78 in respect of the Chatram. This proceeding was numbered as O.A.No.51/77. Orders were passed on 21.01.1979 against the plaintiff and the Trust was declared as religious in character as defined under Section 6(16) of the Tamil Nadu Hindu Religious and Endowment Act, 1959.