Abuse of process of court found.

1. I am satisfied that this is eminently a fit case, where the jurisdiction under Article 227 has to be exercised to quash the order passed by the lower court.

2. The present CRP under Article 227 is to quash the order passed by the District Munsif, Virudhunagar, in O.S.No.254 of 1999 on 20.8.99. The facts of this case can be better appreciated reference is made to the various proceedings.

3. The first respondent herein Ramasamy Poosari, S/o.Ramasamy alias Ramaiya Poosari, Irukkankudi Village, Sattur Taluk, filed a suit in O.S.No.49 of 1998, on the file of the District Munsif’s Court, Sattur. In that suit, he impleaded 11 persons as defendants. The first defendant in that suit viz ., Seeni alias Sundarammal is the petitioner herein. The said suit in O.S.No.49 of 1998 was filed by the plaintiff for a declaration that the plaintiff is entitled to the office of trusteeship of Arulmighu Mariamman Koil, Irrukangudi and for a consequential order to set aside the decree passed in O.S.No.188 of 1993. In the said suit, the 1st respondent herein filed an application as obtained interim injunction. The petitioner herein filed an application in I.A.No.218 of 1998 to vacate the order of interim injunction granted. The petition was allowed and the interim injunction granted in O.S.No.49 of 1998 in favour of the plaintiff there viz ., the first respondents herein was vacated. The suit in O.S.No.188 of 1993 was filed by the petitioner herein for a declaration that she succeeded her father to the office of the trusteeship of the Mariamman Temple at Irukkangudi. The suit was decreed by the trial court and the lower appellate court confirmed the decree. Objecting to the same S.A.No.465 of 98 was filed. Pending second appeal, the defendants 4 to 9 and 11 in O.S.No.49 of 1998 and who are appellants in S.A.No.465 of 1998 filed an application to grant an order of injunction restraining the petitioner herein from functioning as trustee of the Mariamman Temple, pending disposal of the appeal and to stay of operation of the judgment and decree passed by the lower appellate court in A.S.No.27 of 1996. This court passed an order on 30.4.1998, dismissing both the applications and directing the appeal to be posted for early hearing. Whileso, the first respondent herein suppressing those facts viz. , the refusal to grant injunction and stay by the High Court in S.A.No.465 of 1998 and the order vacating interim injunction in O.S.No.49 of 1998 filed the suit in O.S.No.254 of 1999 before the District Munsif, Virudhunagar. The earlier two suits viz ., O.S.No.49 of 1998 and 183 of 1998 were laid only before the District Munsif Satur, which alone had jurisdiction. The temple is situate only within the jurisdiction of the sattur Munsif. Thus, suppressing the earlier proceedings, the first respondent herein filed a suit before the District Munsif, Virudhunagar in O.S.No.254 of 1999. In that suit, he did not choose to add the parties who were concerned in the earlier suits viz . O.S. Nos.49 of 1998 and 188 of 1998, but simply impleaded the Assistant Commissioner, Virudhunagar and Joint Commissioner, Sivaganga. The Assistant Commissioner Virudhunagar had nothing to do in the matter.

4. By suppressing all these, the first respondent herein obtained an order of interim injunction in I.A.No.705 of 1999 in O.S.No.254 of 1999 on the file of the District Munsif, Virudhunagar. The prayer asked for is for an injunction against persons from taking over the, management as the heir of one Ramasamy Poosari. The persons, who will be actually affected are not made parties.

5. Learned District Munsif passed an order without even applying his mind. The said suit is filed against the Assistant Commissioner and the Joint Commissioner, Hindu Religious and Charitable Endowments Board without any notice. The order of injunction is passed thus in a mechanical manner The gist of the plaintiff’s case is not taken into consideration. There is not even any attempt to see whether th