Madras High CourtCRP(MD)/1452/2021allowed

Kamala, v. Kodichandrasekaran,

2025-06-17Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/06/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1452 of 2021 and CMP(MD) No.8119 of 2021

1. Kamala,,

2. Anbalagan,,

3. Kannan,,

4. Muthaiah,,

5. Pandiarajan,,

6. Ashokmurugan,, ... Petitioners Vs

1. Kodichandrasekaran,, S/o. Kodivaira Thevar, Door No. 6/691a, Rajkodi Illam, Theni Road, A. Kokkulam Village, Tirumangalam Taluk, Madurai District..

2. Ayothi,, S/o. Rasu Thevar, Sikkampatti Village, Tirumangalam Taluk, Madurai District..

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3. Pitchai,, S/o. Kanaga Thevar, Thengilpatti Village, Tirumangalam Taluk, Madurai District..

4. Virumandi Thevar,, S/o. Pitchai Thevar, Jeyaraman Compound, Thirumangalam Road, Checkanurani Village, Tirumangalam Taluk, Madurai District..

5. Murugesan,, S/o. Duraisamy Thevar, Sikkampatti Village, Tirumangalam Taluk, Madurai District..

6. Palani,, S/o. Periamaya Thevar, South Street, A.

Kokkulam Village, Tirumangalam Taluk, Madurai District..

7. Muthaiah Poosari,, S/o. Kannapiran, Karuppasamy Kovil Colony, A. Kokkulam Village, Tirumangalam Taluk, Madurai District..

8. The District Collector,, Collectorate Building, Madurai-20..

9. The Revenue Divisional Offic, Er,, Taluk Office Complex, Thirumangalam, Madurai District..

10. The Thasildar,, Taluk Office Complex, Thirumangalam, Madurai District..

... Respondents 2/6

PRAYER :- Civil Revision Petition is filed under Section 115 of the Civil Procedure Code to strike off the plaint filed in O.S.No. 148 of 2021 on the file of the District Munsif, Thirumanglam. For Petitioners : Mr.S.Rajasekar For Respondent : Mr.P.T.Thiraviam for R8 to R10 Government Advocate No appearance for R1 to R7

ORDER

The Civil Revision Petition is filed to strike off the plaint in OS No.148/2021 on the file of the District Munsif, Tirumangalam.

2. The petitioners are the defendants and the respondents/plaintiffs filed a suit for permanent injunction restraining the petitioners/defendants from in any way entering into the Pekkaman Karuppasamy Temple to perform worship, poojas and other rituals in the said temple.

3. The learned counsel for the petitioners would submit that the temple is not a private denomination temple. Inasmuch as the temple is a public temple, wherein, every individual is entitled to worship, the suit 3/6

filed by the respondents/defendants is misconceived and hence, he prays for interference.

4. The learned Government Advocate for the official respondent would submit that the temple is a non listed temple as per Section 47(1) of the Hindu Religious and Charitable Endowment Act, wherein, every devotee has right to worship and hence, the respondents/plaintiffs cannot claim any exclusively right. He would further submit that the suit is also barred by limitation.

5. Though the respondents 1 to 7 were served and their names are printed, none appear for the respondents.

6. Considering the fact that the temple in question is not a private denomination temple and is purely a public temple, where every citizen has right to worship, the suit filed by the respondents/defendants is misconceived. On the sole ground, the civil revision petition is allowed and the plaint in OS No.148 of 2021 filed on the file of the District Munsif, Thirumanglam, is ordered to be struck off. No costs. 4/6

Consequently connected Miscellaneous Petition is closed. 17.06.2025 NCC : Yes/No Index : Yes/No RR TO 1.The District Munsif, Tirumangalam.

2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.1452 of 2021 Date : 17/06/2025 6/6