ASST COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMN DEPT NAGERCOIL Vs. PARAKKAI ATHITHAVARMAN PERUMTHERU KEEZHATHERU MUTHARAMMAN TEMPLE PARAKKAI

JUDGEMENT

(1.) THE first defendant who has lost in both the courts below has filed this Second Appeal.

(2.) THE plaintiffs, the respondents 1 to 11 herein, filed the suit for declaration that the suit temple is a denominational temple belonging to Parakkai Athithavarman Perumtheru Keezhatheru, Mutharamman Temple of Parakkai Village with the consequential relief of injunction. THE appellant Assistant Commissioner of the Hindu Religious and Charitable Endowment Department contested the suit inter alia contending that the suit temple is a public temple, that the H.R. and C.E. Department has already appointed the trustees of the temple after making due publication in the village and that therefore, the plaintiffs cannot claim the relief of the said declaration.

(3.) IN support of the submissions made by both the counsel, various decisions have been cited, which we shall see later.