IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 11.06.2025 Pronounced on: 27.06.2025 Coram:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Appeal Suit No.266 of 2022 & C.M.P.No.10008 of 2022

1. P.Subramani, S/o. Palanisamy Gounder.

R.V.E Nagar street, Tiruppur Taluk, Tiruppur District. 2. P.Rathinasamy, S/o. Palanisamy Gounder, R.V.E Nagar 2^nd street, Tiruppur Taluk, Tiruppur District.

3. N.Govindasamy, S/o. Nachimuthu, Door No. 31/5.

R.V.E Nagar 3^rd street, Tiruppur Taluk, Tiruppur District.

4. R.Duraisamy, S/o. Rakkina Gounder, D.No.4, R.V.E. Nagar 3^rd Street, Tiruppur Taluk, Tiruppur District. ... Appellants/Defendants 1 to 4 /versus/

1. P.Palanisamy, S/o. Periyasamy gounder, 18, R.V.E. Nagar (North), Kangayam Road, Rakkiyapalayam Pirivu, Tiruppur Taluk, Tiruppur District. ... 1^st Respondent/Plaintiff.

2. Badhurunisha Begam, Inspector of Police, Rural Police Station, Nallur, Tiruppur District. ... 2^nd Plaintiff/5^th Respondent Prayer:- Appeal Suit has been filed under Section 96 of the Civil Procedure Code, pleased to set aside the judgment and decree dated 14.03.2022 made in O.S.No.28 of 2019 on the file of the Learned Principal District Judge, Tiruppur by allowing this appeal suit.

For Appellants : Mr.N.Manoharan For Respondent : Mr.S.Nambi Arooran ***

J U D G M E N T

Thiru.P.Palanisamy, the plaintiff in O.S.No.28 of 2019 on the file of Principle District Judge, Tiruppur, is a resident of R.V.E Nagar, Tiruppur. According to the averments in the plaint, he took initiative to construct a Vinayagar Temple in his locality and under his supervision, the Temple was constructed and Kumbabishegam was conducted on 26.05.2004. He was chosen unanimously by the elders and villagers of the locality as the President of the Executive Committee for the Administration of the Temple. From the year 2004 to 2015, the Temple under his President-ship was functioning smoothly. The daily poojas and the annual ceremonies of the Temple used to be celebrated from the contribution collected from the villagers and his own contribution. The accounts were properly maintained and rendered the public periodically. While so, after 12 years of its first Kumbabishegam, the villagers wanted to perform second Kumbabishegam for the Temple. At that juncture, the defendants 1 to 4, in order to cause bad reputation to the plaintiff, lodged a complaint to the Commissioner of Police on 20.04.2018 making false allegations of misappropriation. Based on the complaint, the plaintiff was summoned to the Tiruppur Rural Police Station on 26.04.2018 and with the connivance of Inspector of Police (5^th defendant), obtained resignation letter under threat. He was put under fear of arrest and malign in newspaper extorted Rs.2,50,000/-. Furthermore, articles and documents of the Temple were forcible taken from his custody.

2. The Police high officials were informed about the high-handedness and abuse of power by the 5^th defendant. A legal notice dated 25.10.2018 through lawyer was sent to the defendants, calling upon them to tender apology and to return the money, documents and articles that were taken from the plaintiff under threat and force. However, the defendants gave evasive reply. Hence, the suit for declaration that the plaintiff-P.Palanisamy is the President of the Executive Committee of Arulmigu Sri Selva Vinayagar Temple at R.V.E Nagar, Tiruppur and to declare that documents dated 26/04/2018, obtained from the plaintiff at the Tiruppur Police Station of Nallur under coercion as null and void and for compensation of Rs.10,00,000/- for the loss of reputation and also refund of Rs.2,50,000/- recovered from the plaintiff in the Police Station. To declare the Executive Body selected subsequent to the resignation letter obtained from the plaintiff as null and void and for rendition of Temple accounts.

3. The suit was contested by the defendants. In the written statement of defendants 1 to 4, it was contended that the suit is in respect of Administration of the Temple Arulmigu Sri S