M SANKARASUBRAMANIA PILLAI Vs. COMMISSIONER

JUDGEMENT

(1.) THE plaintiff herein is the appellant. THE suit has been filed under section 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, seeking to set aside the order passed by the respondent in Appeal No.7/1986, dated 14.02.1989.

(2.) THE case of the appellant is as follows: THE Chiriya Arachalai Vinayagar Temple is situated in Neeragara Ambalathaduvar Mutt, THEroor Village, Agasteeswaram Taluk, Kanyakumari District. THE said Mutt has been established by Neeragara Ambalathaduvar. THE said Ambalathaduvar is the ancestor of the plaintiff. THE temple has been built in the patta land. After passing several hands, the administration of the temple has come in the hands of the appellant. According to the appellant, in view of the interference made by the departmental authorities, he was constrained to file an application under Section 63(b) of the Tamil Nadu Hindu Religious Charitable and Endowments Act, 1959(hereinafter called as the "Act"), seeking to declare himself as a hereditary trustee of the temple. It is his further case that while making an application he reserved his right to file appropriate application under Section 63(a) of the "Act" to declare the temple as a private temple. Hence, thereafter, he has filed this application. THE authorities concerned have rejected the application under Section 63(a) and 69(1) of the "Act" and therefore, being aggrieved against the same, the suit has been filed under Section 70 of the "Act".

(3.) IF not, what other relief the plaintiff is entitled to? 5. The trial court after taking into consideration of Ex.A1 to A8 relied upon by the plaintiff and Ex.B1 to Ex.B5 relied upon by the defendant as well as the Commissioner's Report, has dismissed the suit. Being aggrieved against the same, the plaintiff has preferred the present appeal.