THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.11.2023 CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR APPLICATION NO.3643 OF 2022 IN C.S. DR.NO.18802 OF 2022

1.N.Sivakumar

2.Subramani

3.Vidyavathi .. Applicants/

Plaintiffs VS.

1.Arulmigu Muthumariamman Thirukoil Thanikachalam Nagar E Block Bakthargal Arakattalai Rep. By its Chairman

147/142 E Block, Anna Salai, Ponniyammanmedu, Thanikachalam Nagar, Ponniammanmedu, Ambattur, Tiruvallur, Tamil Nadu – 600 110.

2.Arumugam .. Respondents/

Defendants PRAYER: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 92 of CPC with a prayer to allow the institution of Suit against the 1^st defendant (i.e.) the Trust herein under Section 92 of CPC.

For Applicants / Plaintiffs : Mr.S.Girissh For Respondents / Defendants : Mr.K.Lavan

O R D E R

This Application has been filed by the applicants / plaintiffs to grant leave under Section 92 of Code of Civil Procedure to institute Suit against the first respondent / first defendant Trust.

2.It is the contention of the applicants/plaintiffs that the first respondent Trust was registered under the Indian Trust Act, 1882 and registered as Document No.737/2018 and there exists a Temple for more than 40 years in the name of Arulmigu Muthumariamman Thirukoil in Thanikachalam Nagar. The Temple was formed by the public and has been functioning out of the financial contributions made by the public in and around the locality. Besides the Temple, there is also Sannidhis for Vinayagar and Murugan. The Trust was formed for the main purpose to establish a temple in the name of Arulmigu Muthumariamman Thirukoil and to manage and administer it. However, no such temple has been established till date, rather an already existing temple in the name of Arulmigu Muthumariamman Thirukoil has been taken over by the Trust. The second respondent / second defendant, without passing any resolution among the Trust Members, has unilaterally started to collect fixed/specific exorbitant amount from the public for doing poojas. According to the applicants / plaintiffs, it goes against the interest of the temple and the purpose of establishment of the Trust. All the voluntary contributions, donations made to the temple is collected in the name of the Trust and receipts are issued in the name of the Trust and this also goes against the interest of the donors. The Trust and Temple are independent identities, but the second respondent, being the Chairman, is seeking to usurp the Temple under the Trust. Hence, complaining certain acts of the second defendant, the present application has been filed to institute a Suit against the first respondent / first defendant Trust.

3.It is the contention of the second respondent / second defendant in the counter that the first applicant / first plaintiff was the Treasurer of the Trust and he was removed from the Trust by a Resolution dated 12.12.2021 and the Suit has been filed only to vindicate his personal right. In fact, the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Padi, Chennai, vide proceedings dated 24.08.2022, appointed one Mr.Achi Sivaprakasam, Executive Officer of Eraveeshwaran Thirukoil, Vysarpadi, to manage Arulmigu Muthumariamman Temple, Thanikachalam Nagar. Similarly, the wife of the first applicant / first plaintiff also filed a Writ Petition viz., W.P.No.18413 of 2022 before this Court as against the Authorities under Hindu Religious and Charitable Endowments Department as well as the respondents. Similarly, a Suit in O.S.No.23 of 2022 also has been filed by the respondents herein before the District Munsif Court, Madhavaram. Hence, the applicants have no public interest in the Temple and the Trust and hence, it is the contention of the second respondent/ second defendant that leave cannot be granted.

4.Heard the submissions made on either side.

5.It is the contention of the learned counsel for the applicants /

plaintiffs that only the second respondent / second defendant is ac