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Kamala, v. Kodichandrasekaran

Madras HC17 Jun 2025CRP(MD)/1452/2021

Case brief

AI extract

What is this about?

Strike-off of plaint; civil revision under Section 115 CPC; public temple versus private denomination temple; right of every citizen/devotee to worship; Pekkaman Karuppasamy Temple, A. Kokkulam Village, Tirumangalam Taluk, Madurai District; non-listed temple under Section 47(1) Hindu Religious and Charitable Endowment Act; permanent injunction suit O.S.No.148 of 2021; suit misconceived; plaint struck off; District Munsif Thirumangalam; CRP(MD) No.1452 of 2021; connected CMP(MD) No.8119 of 2021 closed; no appearance by plaintiff respondents 1 to 7.

What did the court decide?

Civil Revision Petition allowed; plaint in O.S.No.148 of 2021 on the file of the District Munsif, Thirumangalam ordered to be struck off; connected Miscellaneous Petition (CMP(MD) No.8119 of 2021) closed; no costs. ¶45

Kamala, Vs Kodichandrasekaran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the plaint in O.S.No.148 of 2021, by which the respondents/plaintiffs seek a permanent injunction restraining the petitioners/defendants from entering Pekkaman Karuppasamy Temple for worship, is liable to be struck off as misconceived on the ground that the temple is a public temple open to all worshippers.

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Court's answer

The temple in question is not a private denomination temple but is purely a public temple where every citizen has a right to worship; consequently, the suit filed by the respondents/plaintiffs is misconceived.

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Ratio / Principle

On that sole ground, the civil revision petition is allowed and the plaint in O.S.No.148 of 2021 on the file of the District Munsif, Thirumangalam is ordered to be struck off, with no costs awarded.

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Detailed headnote1 paragraphs

M.DHANDAPANI, J. (Madras High Court, Madurai Bench) allowed CRP(MD) No.1452 of 2021, filed under Section 115 of the Civil Procedure Code by the defendants seeking to strike off the plaint in O.S.No.148 of 2021 (District Munsif, Thirumangalam), a suit for permanent injunction restraining them from entering Pekkaman Karuppasamy Temple to perform worship, poojas and other rituals. Holding, on the sole ground, that the temple is not a private denomination temple but is purely a public temple where every citizen has a right to worship, the Court found the suit misconceived, struck off the plaint, closed the connected miscellaneous petition and made no order as to costs. The Government Advocate for the official respondents had argued that the temple is a non-listed temple under Section 47(1) of the Hindu Religious and Charitable Endowment Act and that the suit was barred by limitation; the Court's order rests solely on the public-temple ground and does not separately adjudicate the limitation plea.

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CRP(MD). No.1452 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 17/06/2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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CRP (MD). No.1452 of 2021 and CMP(MD) No.8119 of 2021

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Kamala,,

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Anbalagan,,

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Kannan,,

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Muthaiah,,

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Pandiarajan,,

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Ashokmurugan,, ... Petitioners

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Kodichandrasekaran,,

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

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Ayothi,,

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

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1/6

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https://www.mhc.tn.gov.in/judis

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CRP(MD). No.1452 of 2021

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

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

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

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Palani,, S/o. Periamaya Thevar, South Street, A. Kokkulam Village, Tirumangalam Taluk, Madurai District..

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

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

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

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

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https://www.mhc.tn.gov.in/judis

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CRP(MD). No.1452 of 2021

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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.

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For Petitioners : Mr.S.Rajasekar For Respondent : Mr.P.T.Thiraviam for R8 to R10 Government Advocate No appearance for R1 to R7

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ORDER

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

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The petitioners are the defendants and the respondents/plaintiffs

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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.

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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

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3/6

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https://www.mhc.tn.gov.in/judis

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CRP(MD). No.1452 of 2021

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

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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.

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

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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.

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https://www.mhc.tn.gov.in/judis

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CRP(MD). No.1452 of 2021

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Consequently connected Miscellaneous Petition is closed.

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17.06.2025

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NCC : Yes/No Index : Yes/No RR