S.A.SIVAN Vs. ARULMIGHU PERIYASAMY KOIL

JUDGEMENT

(1.) A third party, who sought to be impleaded himself in the suit in O.S.No.476 of 2006, upon rejection of the said application, has come up with this Civil Revision Petition.

(2.) The suit in O.S.No.476 of 2006 was filed by the Hereditary Trustee of Keelapavoor Periyasamy Temple, Keelapavoor, Alankulam Taluk seeking declaration that the plaintiff vagaiyara has got a right to perform the festivals in the suit second schedule property by putting up temporary Pandhal and performing pooja to the deities in second schedule of the suit property. The prayer for consequential injunction restraining the defendants therein from demolishing the deities was also sought for. The suit is filed against two defendants. The first defendant is the Uravinmurai/an Association of persons belonging to Hindu Nadar community of Keelapavoor Village. The second defendant is an individual. The suit is being resisted by the defendants contending that the festivals were not performed in the suit second item. Certain proceedings pending before this Court were also referred to in the written statement. It is also claimed that there were prior proceedings in O.S.No.265 of 1983, on the file of the District Munsif, Tenkasi and O.S.No.3 of 1988, on the file of Sub-Court, Tenkasi.

(3.) During the pendency of the suit, the Petitioner herein, claiming to be the hereditary trustee of Arulmighu Muppidathi Amman Temple at Keelapavoor sought to implead himself as a party to the proceedings contending that the suit second schedule property belongs to it and therefore it is a necessary and proper party to the suit. The said impleading application was resisted by the defendant in the suit claiming that the petitioner is not a proper or necessary party to the suit. It was also stated that no relief has been sought for against the Petitioner in the suit. According to the plaintiff in the suit, the applicant is not a hereditary trustee of Arulmighu Muppidathi Amman Temple and the said temple has no right over the suit properties.