Disposed

Sri Shakthi kailamman Temple v. The Collector

Madras HC21 Sept 2017WP/23970/2017

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking directions to permit the petitioner Trust to administer a temple, the Court observed that a First Appeal in a related civil suit was pending. Receiving a joint submission to maintain the status quo ante to avoid disruption, the Court directed the Revenue Divisional Officer to continue conducting the temple festival as in previous years, allowing all par

What did the court decide?

Directed the 4th respondent (District Revenue Divisional Officer) to conduct the scheduled temple festival as done in the last three years.

Sri Shakthi kailamman Temple Vs The Collector — Landlord and Tenant | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.09.2017

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CORAM

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The Honourable MR. JUSTICE M.DURAISWAMY

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W.P.No.23970 of 2017 and W.M.P.No.25281 of 2017

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Sri Shakthi kailamman Temple Admin. Trust (Regn No.674/2012) Malaiadivaram Kalampattu Village Latheri (Via) Katpadi Tk Velur Dist. Rep by its Trustee & Pret. S. Devarajulu [ Petitioner ] Vs 1 The Collector Vellore District. Sathuvachari Vellore 632 009 2 The Commissioner Hindu Religious & Charitable Endowment Nungambakkam Chennai 3 The Joint Commissioner Hindu Religious & Charitable Endowment Sathuvachari Vellore 632 009 4 The District Revenue Divisional officer District collector Office Sathuvachari Vellore 632 009 5 The Superintendent of Police Sathuvachari Vellore 632 009 6 The Tahsildar Katpadi Vellore 632 007 7 Prabavathy 8 Jeyachand Babu 9 Ramesh Babu 10 Jeyasree 11 Vanisree 12 Parimala 13 Sudhakar 14 Jeyaprakash 15 Pasupalatti J.Ravi 16 P. Madhana Gopal [ Respondents]

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https://hcservices.ecourts.gov.in/hcservices/

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 6 herein to permit the petitioner Trust to administer the Shri Shakthi Kaliamman Temple situated in Survey No.71/1, Kalampattu Malaiadivaram Latheri (via) Katpadi Taluk, Vellore District.

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For Petitioner : Mr.N.Rajan

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For Respondents : Mr.Era Premnath, GA (R1,4 to 6) Mr.M.Maharaja, SGP (R2&3) Mrs.Hema Sampath, Senior Counsel for Mr.N.C.Ashok Kumar (R7-16)

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O R D E R

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Heard Mr.N.Rajan, learned counsel for the petitioner, Mr.Era Premnath, learned Government Advocate, appearing for respondents 1, 4 to 6, Mr.M.Maharaja, learned Special Government Pleader, appearing for the respondents 2 and 3 and Mrs.Hema Sampath, learned Senior Counsel for Mr.N.C.Ashok Kumar, learned counsel appearing for respondents 7 to 16.

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The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents 1 to 6 to permit the petitioner Trust to administer Shri Shakthi Kaliamman Temple situated in Survey No.71/1, Kalampattu Malaiadivaram, Latheri (via) Katpadi Taluk, Vellore District.

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According to the petitioner, the temple is a public temple and all festivals, rituals and maintenance of the said temple are conducted relying upon the contributions of the Villagers of the seven Villages. The respondents 7 to 16 belong to a family residing in Kalampattu Village. Since there was dispute between the petitioner and the respondents 7 to 16, the temple festivals were conducted by the 4^th respondent, the Revenue Divisional Officer. It is also brought to the notice of this Court that the respondents 7 to 16 filed a suit in O.S.No.55 of 2013 on the file of the Sub Court, Vellore as against S.Devarajalu and 5 others. By a Judgment and decree dated 31.07.2017, the trial Court, dismissed the suit and also given a finding that the temple is a public temple. As against the dismissal of the suit in O.S.No.55 of 2013, the plaintiffs therein filed an appeal in A.S.No.169 of 2017 on the file of the Principal District Court, Vellore. Mrs.Hema Sampath, learned Senior Counsel appearing for respondents 7 to 16 submitted that the appeal is posted for arguments on 11.10.2017.

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https://hcservices.ecourts.gov.in/hcservices/

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When the matter is taken up for hearing, the learned counsel appearing for the petitioner and the respondents 7 to 16 submitted that since the First Appeal filed by respondents 7 to 16 is pending and the same would be disposed of in a short time, the arrangement made for the past three years for conducting the temple festival may be continued for this year. The learned counsel on either side submitted that the new arrangement may be contemplated from the next year after the disposal of the First Appeal.

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In view of the submissions and the consent made by the learned counsel on either side, I do not wish to interfere with the conduct of the temple festival as was done in the previous three years. Therefore, I direct the 4^th respondent to conduct the temple festival scheduled to be held from today i.e., 21.09.2017. However, the petitioner and the respondents 7 to 16 are at liberty to participate in the temple festival. It is needless to say that the 4^th respondent, the Revenue Divisional Officer, should conduct the temple festival as he did in the last three years. So far as the procession is concerned, it is open to the 4^th respondent to decide the same, taking into consideration the ground reality in the Villages. With these observations, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rg To 1 The Collector Vellore District. Sathuvachari Vellore 632 009 2 The Commissioner Hindu Religious & Charitable Endowment Nungambakkam Chennai

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https://hcservices.ecourts.gov.in/hcservices/

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3 The Joint Commissioner
Hindu Religious & Charitable Endowment
Sathuvachari Vellore 632 009
4 The District Revenue Divisional officer
District collector Office
Sathuvachari Vellore 632 009
5 The Superintendent of Police
Sathuvachari Vellore 632 009
6 The Tahsildar
Katpadi Vellore 632 007
+1 cc to Mr.N.Rajan Advocate sr 69337
+3 ccs to Mr.N.C.Ashok Kumar Advocate sr 69343
W.P.No.23970 of 2017
sr(co)
aa22/09/2017

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https://hcservices.ecourts.gov.in/hcservices/

Sri Shakthi kailamman Temple v. The Collector

Case brief

What is this about?

What did the court decide?

Sri Shakthi kailamman Temple v. The Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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