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S. SRIMATHY
Commissioner, Hindu Religious and Charitable Endowments Administration Department, Chennai – Appellant
Versus
S. Munusamy Chettiar – Respondent
JUDGMENT :
S. SRIMATHY, J.
Prayer: This Appeal Suit filed under Section 70(2) of the HR and CE Act 22 of 1959, against the Judgment and Decree dated 26.10.2005 passed in O.S. No. 24 of 2001 on the file of the Sub Court, Aruppukottai.
1. The present First Appeal is preferred by the Hindu Religious & Charitable Endowment Department (hereinafter referred to as HR&CE Department) against the Judgment and Decree dated 26.10.2005 passed in O.S. No. 24 of 2001 on the file of the Sub Court, Aruppukottai. The appellants herein are the defendants in the suit and the respondents herein are the plaintiffs in the suit. For the sake of convenience, the parties are referred as per the ranking in the suit.
2. The plaintiffs had filed the suit in O.S. No. 24 of 2001 to set aside the orders passed by the 1st defendant in A.P. No. 2 of 1984, dated 30.09.1985 and order passed by the 2nd defendant in O.A. No. 57 of 1976, dated 01.11.1978, wherein in the said orders it has been held that the suit temple is a religious institution as defined in Hindu Religious and Charitable Endowments Act, Tamil Nadu Act, 22/59 (hereinafter referred to as HR&CE Act) and it is not a private temple belonging to the plaintiffs.
The determination of a temple's status as public or private hinges on the right of public access and the evidence of dedication to public worship, not merely on the presence of public worship.
A temple is classified as private if it lacks features of public worship and management rests with a specific community, as established through historical evidence and refusal of public rights.
The character of a temple as public or private is determined by its use for public worship and community management, not solely by registration status.
Question as to whether a religious endowment is of a private or public nature, is to be decided with reference to the facts proved in each case and that it is difficult to lay down tests which may be....
Point of law: Section 63, it is the Joint Commissioner or Deputy Commissioner who has to decide any dispute as to whether an institution is a religious institution or not. Even before deciding whethe....
A deity cannot be represented in a lawsuit by worshipers without proper legal standing; only identified office bearers of a society can act on its behalf. The temple in question is a private temple b....
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