ARULMIGU CHINNAMUTHU MARIAMMAN TEMPLE GST ROAD AND CHINNA MELAMEIYUR VILLAGE MUDALIYAR COMMUNITY Vs. S. PANNEERSELVAM AND OTHERS

JUDGEMENT

(1.) Aggrieved by the concurrent decisions of the Courts below, the plaintiff Temple has filed the above Second Appeal.

(2.) The plaintiff is Arulmighu Chinnamuthu Mariamman Temple, Chinna Melamaiyur Village Mudaliar Community represented by plaintiffs 1 to 3. The first plaintiff claims to be the Administrative President of the temple. The second plaintiff is the Executive Trustee of the temple and the third plaintiff is the Perudhanakkarar of the village. The first defendant is the son of late Shanmugha Sundara Mudaliar, who is the Ex-President of the Chinnamuthu Melamaiyur Mudaliar community and Administrator of the Chinnamuthu Mariamman Temple. He died in the year 200

(3.) It is stated by the plaintiffs that certain amount, namely, Rs.1,75,469.00/- was handed over to the late Shanmugha Sundara Mudaliar, as a custodian of the same. According to them, the said amount was contributed for the festival by the community, which has to be spent for the temple. Since the said Shanmugha Sundara Mudaliar died, the first defendant, who is his son, without the knowledge and consent of the village people said to have handed over the money to the second and third defendants, who had, in turn, deposited the same with the fourth defendant. It is the allegation of the plaintiffs that certain sums were also withdrawn by the second and third defendants out of the funds so deposited. Hence, the suit in O.S.No.1 of 2004 is filed in the District Munsif Court, Chengalpattu, for a declaration that the second defendant is not entitled to receive the temple amount from the first defendant and for permanent injunction restraining the fourth defendant from in anyway disbursing the amount to the second and third defendants or any other persons and for a mandatory injunction directing the second and third defendants to reinvest the sum withdrawn by them.