CHOCKALINGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a petition filed by 9 petitioners residing at uvachavayan, Radhanoor Post (Via) Sarugan, Ramanathapuram District, calling themselves Poojaris and Trustees of the temple Sri Kuvala-thidal Kanniamman Koil, Radhanoor, Tiruvadanai Taluk, Ramanathapuram district. They are also performing and managing the affairs of the temple. According to them, the temple is a ver small one which does not own any substantial assets, except some pooja articles and there are only five stone idols, namely two Kuvalaithadanganni amman, two karuppiah and one Kali ammal idols. There are no procession deities or any other immovable property belonging to the temple. THIS has been confirmed by the Register amaintained by the H. R. & C. E. Department and in a true copy of the register furnished to the petitioner by the Inspection Assistant, commissioner's office. Ramanathapuram at madurai by letter date 30. 9. 1978. It is specifically mentioned therein that there is only one Pooja daily in the morning and the maintenance of the temple is mainly from the income of the lands in possession of the petitioners. There is no other income and no pooja programme for the temple.

(2.) THE maniam lands were given for rendering performance of pooja service to that temple. THE village was taken over under Inam abolition Act under the Madras Minor Inams (Abolition and Conversion into ryotwari) Act XXX of 1963. THEre was a SUO MOTU enquiry under Sec. 11 of the minor Inams Abolition Act by the Assistant Settlement Officer. In the proceedings of the Settlement Tahsildar (Minor Inams) Unit No. 1, Madurai-13, s. R. NO. 142/m. I Act/tvd/87, dated 1. 12. 1967 for the lands comprised in S. Nos. 269/2, Or. 78 cents 269/3 cents, 269/5 13. 62 cents, 269/6 Or. 17 cents 500/1 1. 63 cents, totalling an extent of 16. 50 acres. Ryotwari patta was granted to the petitioners and they continued to pay the kist and other charges for the said lands. Subsequently patta was also granted in pursuance of the settlement proceedings on 29. 1. 1974. Thus these petitioners are the pattadors and the owners of the said lands and the temple has no manner of right title or interest over absolute owners as per the said proceedings and the same has become final since there is no appeal or revision filed by any aggrieved party challenging the patta in favour of the petitioners.

(3.) AGGRIEVED by the said order, the petitioners have filed this writ petition to quash the same and set aside the order claiming contribution and Audit fees from the petitioners.