A.NO.3643 OF 2022 IN CS DR.NO.18802 OF 2022

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.

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A.NO.3643 OF 2022 IN CS DR.NO.18802 OF 2022

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

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A.NO.3643 OF 2022 IN CS DR.NO.18802 OF 2022

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

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A.NO.3643 OF 2022 IN CS DR.NO.18802 OF 2022

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 th