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2005 Supreme(Mad) 663

M.THANIKACHALAM
Palanivel Chettiar & Others – Appellant
Versus
Chetty Pillayar Koil alias Varasithi Vinayagar Koil – Respondent


Advocates Appeared: For The Appellants :N.S. Varadachari for R. Mukundan, Advocates. For The Respondent:R2 & R3, S. Senthilnathan, Addl. Govt. Pleader, R3, Chitra Sampath, Advocate.

Judgment :-

The unsuccessful defendants 3 to 5 & 7 are the appellants.

2. The first respondent herein as plaintiff has filed the suit for declaration, that the suit temple "Chetty Pillayar Koil alias Varasithi Vinayagar Koil" belongs to Sozhia Chettiar Community people of Naduveerapattu Village, for permanent injunction against defendants 3 to 7, alternatively for possession from defendants 3 to 7 on the grounds, that the suit temple exclusively belongs to Sozhia Chettiar community people living in Naduveerapattu village alone, in which no other community people, including Sozhia Chettiar community people residing in other villages are entitled to claim any right over the temple, including the administration, that when the third defendant by name Palanivel Chettiar caused disturbance, one Dandapani Chettiar filed a suit on the file of the Subordinate Judge, Cuddalore in O.S.No.178/73 for declaration, that Sozhia Chettiar Community people alone are entitled to claim right over the suit temple, the same was accepted granting a decree on 19.8.1976, which became final, that the said Dandapani Chettiar when committed acts of misappropriation while maintaining the temple, Sozhia Chettiar



















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