Alvaipatti Balasubramaniasamy Vs Thirunavukkarasu — Madras HC (2025) — LawSathi Research

Alvaipatti Balasubramaniasamy Vs Thirunavukkarasu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Second Appeal disposed of without answering the substantial questions of law (held redundant); Executive Officer obliged to conduct the festivals and functions of both temples considering all factors, peacefully and to the satisfaction of prospective trustee claimants among the villagers and of the devotees; no costs.

Issue for consideration

Whether the appellants, who were appointed as trustees by H.R.& C.E., are not entitled to perform festivals; and if so, whether the judgment reversing the judgment and decree passed by the court below is legally sustainable? +1 more

Ratio / Principle

In view of the Executive Officer's report that there are presently no trustees appointed according to the scheme and that the Executive Officer alone administers the temple, the two substantial questions of law framed at admission have become redundant.

Key takeaways

An obligation is placed on the Executive Officer to take into consideration all factors in conducting the festivals and functions of the two temples and to ensure that the functions are conducted peacefully and to the satisfaction of all villagers who may claim a right to be trustees and of the devotees of the temples; on that basis the Second Appeal stands disposed of, with no costs.ratio¶53

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT MADRAS — S.A.No.772 of 2009 (decided 21.08.2025) — C.V. Karthikeyan, J. (sole judge). The plaintiffs/appellants, representing the trustees of the Alvaipatti Balasubramanisamy & Ekambareswara Temple, had obtained a decree in O.S.No.229 of 2004 (District Munsif, Rasipuram, 01.09.2004) asserting their exclusive right to conduct festivals and to take the Panchaloga idols of Sri Subramaniar, Valli, Deivaanai, Eswarar, Vinayagar, Murugan and Kamatchi Amman in street procession around the temple. The defendants' first appeal A.S.No.85 of 2008 was allowed by the Sub Court, Rasipuram on 21.11.2008, the learned Sub Judge having held that trustees whose period had expired could not maintain the suit. Admitted on two substantial questions of law concerning HR&CE-appointed trustees' entitlement to perform festivals and maintainability of the suit, the Second Appeal was disposed of after this Court obtained a report from the Executive Officer showing that, following merger of the Alavaipatti temple and its sub-temple into the Kalipatti Arulmigu Kandasamy group temple by Commissioner HR&CE proceedings dated 28.06.1982, an Executive Officer appointed under Section 45(1) of the H.R.& C.E. Act administers the temple; the 1973 scheme (framed pursuant to O.A.No.87 of 1970 under Section 64(1)) contemplated up to five non-hereditary trustees from the Thananjaya Vellala Gounder community plus an Executive Officer; O.A.No.33 of 2005 under Section 64(5) seeking scheme modification was dismissed and the appeal A.P.No.89 of 2019/D2 under Section 69(1) remains pending before the Commissioner, HR&CE, Chennai (posted 25.08.2025); as on date there are no scheme-appointed trustees and the Executive Officer alone administers the temple. Holding both substantial questions of law redundant, the Court disposed of the Second Appeal while placing an obligation on the Executive Officer to conduct the festivals and functions of the two temples taking into account all factors, ensuring peaceful conduct to the satisfaction of villagers claiming a right to be trustees and of the devotees. No costs.

Procedural history

How this case reached the court

AI extract

Order under challenge
First-appellate decree and Judgment dated 21.11.2008 in A.S.No.85 of 2008 (defendants' appeal), whereby the Subordinate Court allowed the appeal suit and reversed the trial-court decree and Judgment dated 01.09.2004 in O.S.No.229 of 2004.¶20
Subordinate Court, Rasipuram · 21.11.2008
Prior proceeding
Trial suit O.S.No.229 of 2004 (District Munsif Court, Rasipuram), filed by the present appellants, concerned administration of the trustees of Balasubramaniasamy Ekambareswarar Temple, Alavaipatti Village, Namakkal District, and the claimed exclusive right to take specified Panchaloga idols in street procession around the temple.¶28
Prior proceeding
Trial suit decreed in favour of plaintiffs (present appellants) by Judgment dated 01.09.2004.¶29
Prior proceeding
Defendants filed first appeal A.S.No.85 of 2008 before the Sub Court, Rasipuram, which was allowed on 21.11.2008, prompting the present Second Appeal.¶29
Prior proceeding
Second Appeal admitted on two substantial questions of law.¶30
Prior proceeding
Per Executive Officer's report to this Court: by Commissioner HR & CE Department proceedings dated 28.06.1982, the Alavaipatti Arulmigu Balasubramaniasamy Temple and its sub-temple Arulmigu Ekambareswarar Temple were merged into the group temple of the Kalipatti Arulmigu Kandasamy Temple.¶40
Prior proceeding
An Executive Officer was appointed under Section 45(1) of the H.R.& C.E. Act and administration is being carried on by him.¶44
Prior proceeding
Original Application O.A.No.87 of 1970 initially filed under Section 64(1) of the H.R.& C.E. Act to frame a scheme to administer the temple.¶44
Prior proceeding
Scheme order dated 09.07.1973 of the Deputy Commissioner, H.R.&C.E. Department, Coimbatore: temple and properties to be administered by non-hereditary trustees selected from Thananjaya Vellala Gounder people of Alwaipatti Village (not exceeding five), together with an Executive Officer.¶45
Prior proceeding
O.A.No.33 of 2005 filed under Section 64(5) seeking modification of the scheme; dismissed by the Joint Commissioner, H.R.& C.E. Department, Salem; ensuing appeal A.P.No.89 of 2019/D2 under Section 69(1) pending before the Commissioner, H.R.& C.E., Chennai, posted for hearing on 25.08.2025.¶47
Prior proceeding
Present position per the report: as on date there are no trustees appointed according to the scheme; the Executive Officer alone carries out the administration of the temple.¶52