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2002 Supreme(Mad) 276

P.SHANMUGAM
MUTHAIAH MUDALIAR – Appellant
Versus
STATE OF TAMIL NADU – Respondent


Advocates Appeared:
For the Appearing Parties:A. Sankara Subramanian, Advocate.

Judgment :

P. SHANMUGAM, J.

1. PLAINTIFFS filed the suit in a representative capacity praying for a declaration that Sri Muthu Vinayagar Temple situated in Muthukrishnapuram at Krishnapuram, kadayanallur is a denominational temple belonging to Senaikulathavar community people of Muthukrishnapuram and for a permanent injunction. Though the suit was decreed by the trial court, the said judgment and decree was reversed by the Subcourt. The second appeal is against this judgment.

2. THE facts of the case are stated here under: the plaintiffs claim that they belong to a particular community called Senaikulathavar community residing at Muthukrishnapuram. The forefathers of their community people have established a temple called Sri Muthu vinayagar Temple. According to the plaintiffs, there are 850 families of Senaikulathavar community people in the village and they are the only worshippers of the temple and that they are managing and maintaining the temple by themselves. The properties were purchased by the temple by the community for the temple. According to them, even though they belong to Senaithalaivar community, they are called and are known as Senaikulathavar community and they are





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