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Madras High CourtCRP/1608/2014dismissed

K.Dhanalakshmi v. Arulmighy Dharmaraja Temple

2015-03-17Honourable Mr Justice K. Kalyanasundaram6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2015 C O R A M THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM and CRP.PD.No.2727 of 2014 and M.P.Nos.1 & 1 of 2014 1.K.Dhanalakshmi 2.K.Vasantha 3.K.Devi 4.K.Pushpalatha 5.K.B.Rajendran ...

Petitioners in all CRPs Vs.

1.Arulmighu Dharmaraja Temple Rep.by its Dharmakartha/Fit person, Old No.12, New No.18, Evening Bazaar Road, Chennai - 600 003.

2.M.K.Kasthuri, 3.M.D.G.Rajkumar 4.M.D.Balaji 5.The District Collector, Collectorate of Chennai, Singaravelan Maligai, Chennai - 600 001.

6.The Tahsildar, Office of the Fort-Tondiarpet Taluk, Chennai - 600 003.

7.The Commissioner Corporation of Chennai Ripon Building, Chennai - 600 003.

8.The Commissioner, Hindu Religious and Charitable Endowment Board, N.H.Road, Chennai - 600 034.

9.The Deputy Commissioner, (Now the Joint Commissioner) Hindu Religious and Charitable Endowment Board, N.H.Road, Chennai - 600 034. ... Respondents in all CRPs

COMMON PRAYER IN CRPS 1608 & 1609 of 2014: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the petition and Docket Order dated 08.04.2014 passed in I.A.S.R.No.18472 & 18473 of 2014 in O.S.No.4018 of 2012 on the file of the XVIII Assistant Judge, City Civil Court, Chennai. PRAYER IN CRP 2727 OF 2014: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the Fair and Decreetal order dated 01.10.2013 passed in I.A.No.15942 of 2012 in O.S.No.4018 of 2012 on the file of the XVIII Assistant Judge, City Civil Court, Chennai.

For Petitioners .. Mr.K.B.Rajendran (5th petitioner) ( Party - in - person) For Respondents No. 2 to 4 .. Mr.V.Deenadayalan For Respondents Nos.5,6,8 & 9 .. Ms.M.Jayashree Government Advocate (CS) For Respondents No.7 .. Mr.V.C.Selvasekaran COMMON ORDER CRP.PD.No.2727 OF 2014:

The plaintiffs in O.S.No.4018 of 2012 on the file of the XVIII Assistant Judge, City Civil Court, Chennai, are the petitioners in this civil revision petition.

2. In the suit, the petitioners herein filed I.A.No.15942 of 2012 under Section 151 C.P.C to record the respondents 2 to 4 herein are the authorised representatives of the first respondent temple. The trial Court allowed the application on 01.10.2013. The petitioners have challenged the order passed in their favour. Hence, I do not find any illegality or irregularity in the order impugned. In the result, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. The petitioners filed I.A.SR.Nos.18472 & 18473 of 2014 in O.S.No.4018 of 2012 to clarify the orders in I.A.No.1511 of 2014 and I.A.No.15942 of 2012 dated 17.03.2014 and 01.10.2013.

2. According to the petitioners, after the demise of the fit person viz., M.E.Devarajan, the temple is represented by the Commissioner, HR & CE Department, however, the petitioners have wrongly stated in the petition that the defendants 2 to 4 are the legal heirs of the fit person. The petitioners filed another application for direction to the

respondents 2 to 4 to submit the title deed of the original owners, i.e. 1936 Byrava Gurukkal and their predecessors title deed i.e.1881 Byrava Gurukkal.

3. The trial Court has allowed the application filed in I.A.No.15492 of 2012 to record the respondents 2 to 4 as authorised representatives of the first respondent. Since there was no ambiguity in the order of the trial Court, further clarification is not required. The petitioners could get certified copies of the documents sought for in the application and produce them to establish their case. I am of the view that the trial Court has rightly rejected the applications as not maintainable. Hence, I do not find any reasons to interfere with the order of the trial Court.

In the result, these civil revision petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 17.03.2015 Index : Yes/No Internet : Yes/No sms Note: Issue order copy on 24.03.2015.

To 1.Arulmighu Dharmaraja Temple Rep.by its Dharmakartha/Fit person, Old No.12, New No.18, Evening Bazaar Road, Chennai - 600 003.

2.The District Collector, Collectorate of Chennai, Singaravelan Maligai, Chennai - 600 001.

3.The Tahsildar, Office of the Fort-Tondiarpet Taluk, Chennai - 600 003.

4.The Commissioner Corporation of Chennai Ripon Building, Chennai - 600 003.

5.The Commissioner, Hindu Religious and Charitable Endowment Board, N.H.Road, Chennai - 600 034.

6.The Deputy Commissioner, (Now the Joint Commissioner) Hindu Religious and Charitable Endowment Board, N.H.Road, Chennai - 600 034.

7.The XVIII Assistant Judge, City Civil Court, Chennai.

K.KALYANASUNDARAM,J.

sms and CRP.PD.No.2727 of 2014 and M.P.Nos.1 & 1 of 2014 17.03.2015