BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 15.04.2025 Pronounced on 18.08.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.1166 of 2002 & C.M.P.No.9610 of 2002 --

1. S.P.Thangappan (died)

2. Srikrishnan

3. Durairaj (died)

4. D.P.Krishna (Death of the 1st appellant is recorded and the third appellant is permitted to prosecute the appeal, vide Court order dated 17.04.2013 made in M.P.(MD).No.4 of 2012 in S.A.No.1166 of 2002)

(Death of the third appellant is recorded, and 4th appellant is permitted to prosecute the appeal, vide Court order dated 08.12.2021 made in C.M.P.(MD).No.10532 of 2021 in S.A.No.1166 of 2002)

.. Appellants Vs.

1. Velladicbi Vilai Hindu Nadar Oor Vagai Trust, Rep. by D.Durai, President

2. S.Manoharan

3. S.Rathinam

4. Isakimuthu Nadar

5. P.Thangam .. Respondents Second Appeal filed under Section 100 CPC against the judgment and decree dated 10.12.1998 in O.S.No.296 of 1996 on the file of the 2nd Additional District Munsif Court, Nagercoil, as confirmed by judgment and decree dated 21.12.2001 in A.S.No.113 of 2000 on the file of Ist Additional Subordinate Court, Nagercoil.

For appellant : Mr.R.Subramanian For respondent: Mr.D.Nallathambi for RR-1 to 3 Mr.P.Thiagarajan for R-5 JUDGMENT The Second Appeal is filed under Section 100 CPC challenging the judgment and decree dated 21.12.2001 in A.S.No.113 of 2000 on the file of Ist Additional Subordinate Court, Nagercoil, confirming the judgment and decree dated 10.12.1998 in O.S.No.296 of 1996 on the file of the 2nd Additional District Munsif Court, Nagercoil.

2. The averments made in O.S.No.296 of 1996 are as follows:

(a) The plaintiff-Velladichivilai Hindu Nadar Oor Vakai Trust is a denominational trust, exclusively owned, managed, and administered by the Hindu Nadar community people of Velladichivilai Oor. Lala Villai forms part of Velladichivilai.

(b) The administration and management of the said Trust, are being carried out by the elected Trustees of the Trust and Committee members periodically elected from the Nadar Community people. The Trust has a President, Secretary or Muthalpidi, Treasurer and Kanakkar. These officer- bearers will be assisted by two Committee members. The elected Trustees are to submit the accounts of the Income and Expenditure before the yearly General Body Meeting of the Members of the Trust. The General Body used to discuss the amount and either approve or disapprove the same.

(c) Velladichivilai, Hindu Nadar Oor Vakai Trust owns two Temples. Sree Pathrakali Amman Temple is the ancient Temple. The Principal Deity is Pathirakali Amman and it is worshipped in the form of "Soolayutham". The Deities of Sudalaimedan, Perumal Swamy, Periyamman. Kalaswamy and Guru Poojai Kali Amman are available within the Pathirakali Amman Temple premises. It is an ancient Temple, worshipped by all the villagers. Special Pooja will be performed on all Tuesdays and Fridays. There will be annual Kodai festival in the Temple.

(d) On 29.09.1972, General Body of the Trust was convened to elect the new office-bearers. The election meeting was presided over by the then President one S.Ponniah Nadar. The Election was conducted and one V.Vaigunda Nadar was elected as its President. The first defendant was elected as the Secretary (Mudalpidi) of the Trust and one E.Thangaraj was elected as a Treasurer. The Committee members were one Thangavel and one Ramaiah (plaintiff). This team of Office-bearers continued for three terms of nine years.

(e) During this period, the Poojari of the Pathirakali Amman Temple expired and the Secretary (Mudalipidi), the first defendant took charge as Poojari also. After his assumption as Poojari, he became irregular in the performance of Poojas and was accused of misappropriating the funds and mis- managing the Trust affairs. Correct and proper accounts were not rendered to the Trust members. The Trust has not approved during the period of these office bearers.

(f) On 08.04.1992, the General Body Meeting was conducted and proper accoun