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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU
M/s.Dharmarajaaswamy Kovil Devasthabanam – Appellant
Versus
Idol of Arulmigu Dharmaraja Swamy – Respondent
ORDER :
K. KUMARESH BABU, J.
The Civil Revision Petition filed to strike off the plaint in O.S.No.524/2021 on the file of the I Additional District Munsif Court, Coimbatore.
2. Heard Mr.R.Parthasarathy, learned Senior counsel appearing for Mr.Abishek Jenasenan, learned counsel appearing on behalf of the petitioners and Mr.S.Kumaresan, learned counsel appearing on behalf of the first respondent.
3. Mr.R.Parthasarathy learned Senior Counsel appearing for the Petitioner’s would submit that the Dharmaraja Kovil Temple in Semmanaickenpalayam, Idikari was built by one PonnammalW/o Nambur Krishnaswamy out of her own funds and has all along been administered as a private family temple, with no public contribution or participation in its management. He would also submit that the trust deed dated 07.11.1954, constituting “Ponnammal Dharmaraja Swamy Dharmasathanam,” establishes a private religious endowment, with administration confined to trustees and funded exclusively through endowed properties and their contributions. It does not stipulate contributions from the public for managing the affairs of the temple or for conducting rituals and festivals. There is no iota of any material in the trust
Art.227 jurisdiction barred when CPC O.7 R.11 remedy available for plaint rejection.
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 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 in the judgment is the requirement for relief sought in writ petitions to be within the scope of the general direction contained in the order of the Apex Court dated ....
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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