K.Shanmugavel Mudaliar v. Sridhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.Nos.4414 and 4417 of 2025 and CM No.22593 of 2025 K.Shanmugavel Mudaliar .... Petitioner in both the revisions Vs 1.Sridhar 2.Tmt.R.Vanmathi The Joint Commissioner, (Now transferred Chennai Office), Hindu Religious & Charitable Endowment, Administrtion Department, Chennai-600 034.

3. Kumaradurai The Joint Commissioner, Hindu Religious &Charitable Endowment, Administration Department, Kanchipuram-631 501.

4. Venkatesan Circle Inspector, Hindu Religious &Charitable Endowment, Administration Department, Kanchipuram-631 501.

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5.Muthuraj Fit Person/Executive Officer (A/M.Agastheeswarar Temple), Having Office at,A/M,Ranganatha Perumal Temple, Thiruneer Malai, Chennai-132.

6. Thirumalai Kumar (Self claiming Executive Officer), The Executive Officer, A/M Thirusulanatha Swami Temple, Thirusulam, Chennai-43 ... Respondents in CRP No.4414 of 2025

1. Tmt.R.Vanmathi The Joint Commissioner, Hindu Religious & Charitable Endowment, Administrtion Department, Kanchipuram.

2. Laxmikanthan Bharathidhasan The Assistant Commissioner, Hindu Religious & Charitable Endowment, Administration Department, Chengalpattu.

3. Thiyaga Rajan Executive Officer/Fit Person, A/M, Ranganatha Perumal Temple, Thiruneer Malai, Chennai-132. ...Respondents in CRP No.4417 of 2025 Revisions filed under Article 227 of the Constitution of India aggrieved by the Docket Order dated 18.07.2025 in CMA Nos.9 and 10 of 2025 on the file of Subordinate Court, Alandur. For Petitioner:

Mr.T.Saikrishnan 2/6

COMMON ORDER Heard the learned counsel for the petitioner. In view of the limited prayer sought for by the revision petitioner, notice to the respondents is dispensed with.

2. The petitioner is aggrieved by the Docket Order passed by the first appellate Court in CMA Nos.9 and 10 of 2025 dated 18.07.2025. The revision petitioner, as plaintiff filed O.S.No.118 of 2009, which was subsequently renumbered as O.S.No.20 of 2022 on the file of Sub Court, Alandur. In the said suit, interim injunction was granted in favour of the revision petitioner and the same came to be confirmed upto this Court. Alleging violation of the interim order, the petitioner has filed an application in I.A.No.23 of 2024. The said application came to be dismissed on the ground that the suit has been dismissed on merits.

3. Aggrieved by the said order passed by the trial Court in I.A.No.23 of 2024, the revision petitioner preferred CMA Nos.9 and 10 of 2025 and the first appellate court in and by the impugned order dated 18.07.2025 has 3/6

dismissed both the appeals as not maintainable.

4. Learned counsel for the petitioner states that the complaint regarding breach of the injunction order which was in force is independent of the proceedings and the trial Court as well as first appellate court erred in not taking up the application on merits. He also points out to the impugned order and states that the first appellate court has dismissed CMA Nos.9 and 10 of 2025 only on the ground that the interim order merges with the suit.

5. As on the date of filing of the application, alleging breach of the interim order in favour of the petitioner, the suit was very much pending and therefore, the Court was bound to decide as to whether the respondents have committed wilful disobedience of the breach of the interim order in favour of the petitioner. In view of the trial court erroneously deciding the application, the petitioner moved the first appellate court. However, without entertaining the CMAs on merits, the first appellate court has dismissed CMAs as not maintainable.

6. For all the foregoing discussions, I am inclined to set aside the 4/6

Docket Order dated 18.07.2025 in CMA Nos.9 and 10 of 2025. The first appellate court viz., Sub Court, Alandur shall hear CMA Nos.9 and 10 of 2025 on merits and in accordance with law and dispose of the same after giving an opportunity to the petitioner and the respondents within a period of two months from the date of receipt of a copy of this order.

7. With the above direction, both the revisions are allowed. No costs. Consequently, connected miscellaneous petition is closed. 23.09.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To The Subordinate Court, Alandur 5/6

P.B.BALAJI.,J sr C.R.P.Nos.4414 and 4417 of 2025 23.09.2025 6/6