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2008 Supreme(Mad) 3806

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. RAJESWARAN
Anikadavu Madamanai Lathekarar & Others
Versus
K. Thandapani & Others
C.R.P.(PD)No.704 of 2008 in M.P.No.1 of 2008
Decided On : 22-10-2008

Advocates Appeared:
For the Petitioners:Mr. V. Nicholas, Advocate.
For the Respondents:R1 & R2, Mr. T. Murugamanickam, Advocate.

Headnote:

CIVIL REVISION PETITION - SUIT AGAINST PUBLIC TRUST - SECTION 92 OF CPC - [2008 (2) LW 724, 1996 (2) LW 364, 1993 (2) LW 773] - The court considered the maintainability of a revision petition against an order granting leave to institute a suit against a Public Trust under Section 92 of CPC. The court held that the proceeding under Section 92 of CPC is administrative in character and neither judicial nor quasi-judicial. It further stated that the grant of leave is a condition precedent against a public trust and that it is always open to the parties to approach the trial court itself to revoke the leave by producing necessary documents and relevant materials.

Fact of the Case:

The respondents filed a suit under Section 92 of CPC to obtain leave of the court for various reliefs related to a temple property. The trial Court granted the application, allowing the suit to be instituted. The petitioners filed a civil revision petition under Article 227 of the Constitution of India, challenging the order granting leave.

Finding of the Court:

The court found that the proceeding under Section 92 of CPC is administrative in character and neither judicial nor quasi-judicial. It held that the grant of leave is a condition precedent against a public trust and that it is always open to the parties to approach the trial court itself to revoke the leave by producing necessary documents and relevant materials.

Issues: The main issue was the maintainability of the civil revision petition under Article 227 of the Constitution of India against an order granting leave to institute a suit against a Public Trust under Section 92 of CPC.

Ratio Decidendi: The court held that the proceeding under Section 92 of CPC is administrative in character and neither judicial nor quasi-judicial. It further stated that the grant of leave is a condition precedent against a public trust and that it is always open to the parties to approach the trial court itself to revoke the leave by producing necessary documents and relevant materials.

Final Decision: The civil revision petition was dismissed as the court found it to be not maintainable, and it was stated that it is always open to the parties to approach the trial court itself to revoke the leave by producing necessary documents and relevant materials.

Judgment :-

This Civil Revision Petition has been filed by the petitioners herein/defendants 1 to 3 in C.F.R.No.917 of 2005 to set aside the Order dated 06.07.2007 in I.A.No.173 of 2006 in C.F.R.No.917 of 2005 on the file of the Subordinate Judge, Dharapuram.

2. The respondents 1 to 3 in CFR.No.917 of 2005 are the revision petitioners before this Court. CFR.No.917 of 2005 has been filed by the respondents 1 and 2 herein under Section 92 of CPC., to grant leave to institute suit. The prayer in the suit reads as under:-

a) Declaring that the item I of the suit property purchased in the name of the first and second defendant belongs to Sri Venkatesa Perumal temple Eragampatty and for delivery possession of the item I of the suit property to the 5th defendant for the benefit of the Sri Venkatesa Perumal Temple Eragampatty.

b) Declaring that the Trust deed created under Document No.778 of 2004 in the name of the Anikadavu Madamanai Lathekarar Kulam Sri Venkatesa Perumal temple Thirukovil, Arakkattalai is null and void and cancel the same.

c) Declaring that the titles namely (i) Mookan Chettiar (ii)Karunagi Chettiar (iii)Chinnan Chettiar (iv)Jamedarar (v)Rama Banam (vi)Kattiyakarar (vii)Arputha Dasar should be used only by the present holders of the title of the Eragampattu Sri Venkatesa Perumal temple.

d) Declaring that the word Anikadavu Madamanai or Anikadavu Madamanai Lathekarar Kulam or Anikadavu Madamanai Lathekararkulam Devangar vamsam, Agasthia magarisi Kotram, Arupathu Annan Thambimargal belong to Sri Venkatesa Perumal temple Thirukovil, Eragampattu and that the words can be used only by the worshippers of the Eragampatty Sri Venkatesa Perumal temple Thirukovil.

e) Granting a permanent injunction restraining any person from using the tiles mentioned in the relief (d) who is unconnected with Eragampatty Sri Venkatesa Perumal Temple.

f) Granting a permanent injunction restraining any person or community member to use the word Anikadavu Madamanai Lathekarar Kulam or word Anikadavu Madamanai Lathekararkulam Devangar vamsam, Agasthia magarisi Kotram, Arupathu Annan Thambimargal other than the community members worshipping Sri Venkatesa Perumal temple Thirukovil, at Eragampatty.

g) Granting a permanent injunction restraining the defendants 1 to 4 or their men, agents assignsm successors in interest etc. from selling or alienating the suit property which was purchased out of the funds of the Sri Venkatesa Perumal temple Eragampatty.

h) Directing the 3rd defendant to deliver possession of panchalokha Virgrahams of Sri Venkatesa Perumal temple Thirukovil, Sridevi, Bhudevi, Silver Jadari, Silver Kalasa Pathram Bell, Sangu, Segandi and other Pooja materials described in item 2 of the property to the 6th defendant.

i) Directing the 4th defendant to deliver possession of Sembu Pattayam of the Sri Venkatesa Perumal temple Thirukovil, Eragampatty described as item 3 of suit property to 5th defendant and grant such other relief as may be just and proper in the circumstances of the case and render justice.

.3. In the affidavit filed in support of CFR.No.917 of 2005, the respondents 1 & 2 herein have stated that the first respondent, as a title holder of Sri Venkatesa Samy Temple and the second respondent herein, as also a title holder namely Karungaiya Chettiar filed the suit for the various reliefs claimed in the plaint. Since, the property involved belongs to a temple and a Trust Deed has been executed purporting to act for the temple, it has become necessary to file the present suit for the various reliefs. The property purchased under the Sale deed dated 111. 2004 belongs to the Eragampatty Sri Venkateswara Perumal Temple, as it was purchased out of the funds of the temple and it actually belongs to the temple. Since there is a dispute regarding the same, they filed CFR.No.917 of 2005 under Section 92 of CPC., to obtain leave of the court for instituting the suit. This was opposed by the first petitioner herein by filing a counter affid

































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