K.GOVINDARAJAN
T. S. Palanisamy and others – Appellant
Versus
The Commissioner, H. R. & C. E. , Madras – Respondent
The unsuccessful plaintiffs are the appellants in the above appeal. The case of the appellants is that the first plaintiff’s father installed his family deity Bhadrakaliamman on the northern portion of the line of building which were put up by him in Survey No.39, Thottipalayam Village, Palladam Taluk and he was doing pooja. It is not a place of public religious worship and only during festival times public are invited for the celebration. No contribution was collected from the public or anybody. After the death of the plaintiffs’ father, the first plaintiff was doing pooja. According to the plaintiffs, the building is registered in the name of the first plaintiff and he has been paying the house tax. The first plaintiff’s father installed Muniappan temple in front of Bhadrakalaiamman temple. The public has not right to worship in the temple except with the permission of the plaintiff. The application filed by the first plaintiff in A.A.No.91 of 1976 before the Deputy Commissioner, H.R. & C.E., Coimbatore under Sec.63-A of the Act was rejected. The appeal in A.P.No.162 of 1977 filed before the defendant met with the same fate. So, the suit had been filed for a decree for
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