K V LAKSHMI AMMAL K K VISWANATHAN Vs. ARULMIGU THIRUPPARANKUNDRAM SUBRAMANIASWAMY THIRUKOIL DEVASTHANAM REPRESENTED BY ITS EXECUTIVE OFFICER

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and executable order dated 26.10.2017 passed in I.A.No.3 of 2017 in O.S.No.1 of 2017 by the Subordinate Court, Thirumangalam (Old No.I.A.No.289 of 2016 in O.S.No.135 of 2007 on the file of the Second Additional Subordinate Court, Madurai).

(2.) According to the petitioners, the suit property belongs to them. The respondent/defendant issued a notice to them claiming that the suit property belongs to the defendant temple and demanded to hand over possession of the suit property to the temple. Hence, the petitioners filed the above suit for the relief of declaration to declare that the notice sent by the Executive Officer of the temple dated 14.02007 is null and void and not binding on the petitioners and for consequential order for permanent injunction. Written statement has been filed by the respondent. The suit is of the year 2007. After filing of the suit, the petitioners received a notice dated 103.2009 from the Joint Commissioner of HR & CE Department alleging that the suit property belongs to the defendant temple and it has been encroached and occupied by the deceased 2nd plaintiff and therefore, action will be taken under Section 78(4) of HR & CE Act.

(3.) Learned counsel for the petitioner contended that as the suit has been filed against the earlier notice issued by the Executive Officer of the temple and since now the HR & CE Department has issued notice under the Act, any enquiry in the suit regarding title to the suit property will only be unnecessary and also premature and therefore prayed for withdrawal of the suit with liberty to file a fresh suit if necessary. The learned Judge by impugned order dated 26.10.2017 has permitted withdrawal of the suit, but has refused to grant liberty for filing fresh suit, against which, the present revision petition has been filed.