Arulmighu Vadakkuvasal Chelliamman, v. The Assistant Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT JUDGMENT RESERVED ON : 02.02.2023 JUDGMENT PRONOUNDED ON : 09 .02.2023

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR REV.APLC(MD)No.164 of 2022 in SA(MD).No.330 of 2005 1.Arulmighu Vadakkuvasal Chelliamman Bhadrakali Temple Trust Thirunainarkurichy Represented by it's Trustee 2.Mohanakumaran Nair the present President of 1st petitioner Trust Mohana Sathanam, Thirunainarkurichy, Kadiapatanum Village Kalkulam Taluk, Kanyakumari District 3.B.Sasikumar Secretary of 1st Petitioner Trust Vazhaviagathu Puthan Veedu Thirunainarkurichy, Kadiapatanum Village Kalkulam Taluk, Kanyakumari District 4.K.J.Sreekumar Treasurer of the 1st Petitioner Trust Karungalivilai, Kadiapatanum Village Kalkulam Taluk Kanyakumari District ....Appellants/Petitioners

Vs 1.The Assistant Commissioner H.R. & C.E. (Administration Department) Suchindrum, Kanyakumari District 2.The Commissioner H.R.& C.E. Department Madras 3.T.V.Kumaran Thambi (Correspondent of Othapanavilai Hr.Sec.School) Ramavarmapuram, Nagercoil Village Agashthiswaram Taluk Kanyakumari District ....Respondents/Respondents (Cause title amended vide Court order dated 14.11.2022) Prayer:- Review Application filed under Order XLVII Rule 1 of CPC r/w. Section 114 of CPC to review the judgment and decree dated 07.06.2022 passed in SA(MD).No.330 of 2005 and rehear and allow it by setting aside the judgment and decree dated 09.07.2004 passed in A.S.No.47 of 2001 on the file of the Subordinate Court, Padmanabhapuram and confirm the judgment and decree dated 03.06.1999 passed in O.S.No.213/1998 on the file of the Principal District Munsif Cum Judicial Magistrate, Eraniel and thereby decree the said O.S.No.213/1998 as prayed for. For Appellants : Mr.C.Dhanaseelan

JUDGMENT

The present Review Application has been filed to review the order passed by this Court on 07.06.2022 in S.A(MD).No.330 of 2005. 2.The learned counsel appearing for the Review Applicant had contended that the Nair Community of Thirunainarkurichy Village by themselves constituted a denomination and records have also been filed to establish the fact that they have established the suit temple. According to the learned counsel for the Review Applicant, this aspect has not been taken into consideration which dismissing the second appeal. Hence, he prayed for allowing the review application.

3.I have considered the grounds in the review application and also the pleadings of the parties in the plaint and written statement which has culminated in S.A(MD).No.330 of 2005.

4.There are no pleadings in the plaint to the effect that the Nair Community of Thirunainarkurichy Village constituted a denomination. Even according to the learned counsel for the review applicant, it is

reflected only the pleadings of a different suit which has been marked as an exhibit. Therefore, I do not find any ground to review the order in the above second appeal. The grounds of review will clearly disclose that the review applicant is attempting to re-argue the appeal which is clearly outside the scope of Order 47 Rule 1 C.P.C.

5.Accordingly, the Review Application stands dismissed. No costs. 09.02.2023 Index: Yes/No Internet: Yes/No msa

R.VIJAYAKUMAR, J.

msa Pre-Delivery Judgment made in REV.APLC(MD)No.164 of 2022 in SA(MD).No.330 of 2005 09.02.2023