K. S. Nambi v. Tahsildar, Nanguneri, Tirunelveli District
2015-03-25
V.M.VELUMANI
body2015
DigiLaw.ai
Judgment :- The petitioner has filed the present Writ Petition praying to call for the records from the office of the first respondent in proceeding of the order passed in pursuance as the "Result of the Peace Committee" dated 07.03.2012 and quash the same as void and against law. 2. The contentions of the petitioner is that there are two temples in Kottai Viswakarma Street, Kalakad, Tirunelveli District, namely Arulmigu Akkasali Vinayakar Kovil and Arulmigu Devi Santhana Mariammal Kovil. The petitioner's father established and maintained the Temples and he was the Dharmakartha in both the Temples for long period. In the year 1982, the petitioner took over the office of the Dharmakartha of both the Temple. His father handed over all the keys of the Temples property, Pooja room and also the administrating of the nanja land of the Temple. 3. While so, one A.Chellaiah Asari stated that they are Goldsmith and as such they are entitled to be in the management Committee. The said A.Chelliah Asari filed a suit in O.S.No.240/1986 before the I Additional Sub Court, Tirunelveli in the representative capacity of Goldsmith Asari people against the petitioner and two others prayed for a decree that the goldsmith asari people are entitled for the administration of the temple and for Mudhal Mariyathi of the temple and for other reliefs. The said suit was dismissed after contest. 4. Even after dismissal of the suit, the said A.Chellaiah Asari interfered in the administration of both the temples. The first respondent sealed both the temples and took keys from the petitioner. The petitioner filed W.P.No.13555 of 1989. As per the orders of this Court, the first respondent handed over the keys to the petitioner on 09.02.1990. The said A.Chelliah Asari passed away in the year 1993. 5. While the administration was going on smoothly, the first respondent asked the petitioner to attend a Peace Committee Meeting on 07.03.2012. The petitioner attended the meeting. In the meeting, unilaterally the first respondent appointed the office bearers of the management committee of the temple. The petitioner was forced to sign the Peace Committee Meeting. The key of the entrance gate of the temple was taken from the petitioner and handed over to one Sukumaran, Son of A.Chelliah Asari, who was allegedly appointed as President.
In the meeting, unilaterally the first respondent appointed the office bearers of the management committee of the temple. The petitioner was forced to sign the Peace Committee Meeting. The key of the entrance gate of the temple was taken from the petitioner and handed over to one Sukumaran, Son of A.Chelliah Asari, who was allegedly appointed as President. The petitioner is challenging the decision of the Peace Committee Meeting on 07.03.2012 on the ground that all the community people were not called for in the meeting. Only the members belonging to a particular group alone were called for Peace Committee Meeting. 6. From the materials on record, it is seen that there is nothing to show that all the community people were called for meeting and no record to show that howmany people were attended the Peace Committee Meeting. Further, the first respondent appointed members of management committee, but did not fix any fixed term for the said committee members. The first respondent cannot appoint the office bearers on permanent basis. Further, three years has been lapsed from the date of appointment of office bearers and committee members. Therefore, the first respondent is directed to call for meeting of all the members of the community people of Kalakad Village for meeting and permit the community people to elect the office bearers and committee members of their choice. 7. With the above observations, the writ petition is disposed of with a direction to the first respondent to complete this process within twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected M.P(MD)No.1 of 2012 is closed.