Suit/Case to be decided by Joint/Deputy Commissioner.

2.1. The appellants in the above Second Appeal are defendants 3 and 4 in O.S. No.257 of 1982 laid for declaration, to declare that the plaintiff and the members of his family as one group are entitled to conduct exclusively Kudiraivahana Mandagapadi in Mariamman and Selliamman Temples in Mela Arasur Village and receive the 1/5th share in the prasadam and offerings and all honours besides their right to participate in the celebration of the festival on other days, and for consequential permanent injunction.

2.2. In paragraph 5 of the plaint, the plaintiff/ respondent herein states that they are entitled for the above declaration based on immemorial custom, usage and age old practice that prevailed among the members of the community of the village.

2.3. The defendants 3 and 4/appellants herein resisted the suit based on a sale deed dated 15.5.1972 with regard tot he right to conduct “Mandagapadi”, a right of honour claimed by the plaintiff for celebrating the Kudiraivahana festival in the village temple.

2.4. Even though the learned District Munsif, Ariyalur, by decree and judgment dated 9.7.1986 made in O.S. No.257 of 1982, dismissed the suit holding that the plaintiff/ respondent herein had not proved that he is entitled for the Kudiraivahana Mandagapadi, as well as the first honour in celebrating the said festival, on appeal, the learned Subordinate Judge, Ariyalur, by decree and judgment dated 23.12.1987 in A.S. No.71 of 1986 reversed the decree and judgment dated 9.7.1986 made in O.S. No.257 of 1982 and allowed an appeal. Hence, the above Second Appeal.

3. Mr.Vam Sridhar, learned counsel for the appellants/ defendants 3 and 4 in the suit contends that the respondent/ plaintiff is not entitled to seek a declaration of religious honour or privilege in a temple, which is independent to any right to office. In this regard, the learned counsel for the appellants/ defendants 3 and 4 invited my attention to Sec.63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the ‘Act’), which reads as follows:

“Sec.63: Joint Commissioner or Deputy Commissioner to decide certain disputes and matters: Subject to the rights of suit or appeal hereinafter provided, the Joint Commissioner or the Deputy Commissioner shall have power to inquire into an decide the following disputes and matters:

(a) to (d) ......

(e) Whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution; and what the established usage of a religious institution is in regard to any other matter.”

4.Per contra, Mr.M. Vijayakumar, learned counsel for the respondent/ plaintiff, placing reliance on the decision in Arulmigu Kallalagar Devasthanam v. Seetharaman, (1990)1 M.L.J. 97, contends that the claim of right to do mandagapadi in a mandapam by law, usage and custom is of civil nature and therefore, that claim can be entertained by Civil Court.

5. I have given careful consideration to the submissions of both sides.

6. In Arulmigu Kallalagar Devasthanam v. Seetharaman, (1990)1 M.L.J. 97, the plaintiff sought for a declaration that they are entitled for the suit mandapam, possession of appurtenant 42 cents and to perform mandagapadi every year during Chitra festival. Therefore, the plaintiff in the said suit sought for declaration to perform mandagapadi on the basis of their alleged established right. But, in the instant case, the plaintiff/ respondent herein had pleaded specifically in the plaint seeking a declaration as prayed to celebrate Kudiraivahana Mandagapadi as a matter of custom and usage. The plaintiff/ respondent herein has thus come with a specific case that they are entitled for the declaration as prayed for as an honour based on custom and usage, and therefore it cannot be disputed that their case is attracted under Sec.63(e) of the Act.

7. Therefore, I am of the considered opinion that the dispute relating to such rights of the plaintiff/