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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
Selvarasu, S/o. Seenivasan – Appellant
Versus
Elavathadi Arulmighu Ayyanar Temple – Respondent
JUDGMENT :
K. Govindarajan Thilakavadi, J.
The present Second Appeal is preferred against the judgment and decree dated 08.09.2020 in A.S. No.23 of 2018 on the file of Subordinate Judge, Panruti, confirming the judgment and decree dated 26.03.2018 passed in O.S. No.177 of 2003 on the file of the learned District Munsif, Panruti, Cuddalore District.
The present cross objection is preferred against the decree and judgement in A.S.No.23 of 2018 dated 08.09.2020 on the file of the Subordinate Judge, Panruti, Cuddalore District, confiriming the judgment and decree dated 26.03.2012 passed in O.S. No.177 of 2003 on the file of the learned District Munsif, Panruti, Cuddalore District.
2. For the sake of convenience, the parties are referred to as per their ranking in the trial court.
3.The defendant has preferred the above second appeal and the plaintiffs have preferred the cross objection.
4.According to the plaintiffs, the suit temple and the tank is situate in Elavathadi village dedicated to the deity Ayyanar. The temple was built by the said villagers. One Arumuga Padaiyachi settled some property to the deity on 27.12.1957, represented by its then trustees. The festivals are conducted by the
Civil Courts lack jurisdiction over temple management disputes; the determination between public and private temples must precede suit proceedings under Section 108 of the Act.
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.
The main legal point established is that to claim a Temple as a Denomination Temple under Article 26 of the Constitution of India, the Plaintiff must prove exclusive management and a distinct religio....
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.
The duty of the Executive Officer to protect the temple's property and the entitlement of the temple in case of mismanagement were central legal principles established in the judgment.
The main legal point established in the judgment is that the Civil Court has jurisdiction to decide disputes over hereditary trusteeship when there are rival claimants, and the authorities under the ....
The main legal point established in the judgment is the requirement for a suit to determine the classification of a temple as a 'denomination temple' and the implications of caste discrimination in t....
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