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Present: Tmt . S. Mohana Ramya, B.A.,B.L.,
District Munsif, Tiruppur.
Dated this the Wednesday the 15th day of June 2016
O.S.NO:415/2007
K.M. Sivasubramaniam,
President Karupparayan Temple Trust,
Veerapandi Village, Tiruppur Plaintiff
/Versus/
1. State of Tamilnadu,
represented by The District Collector, Tiruppur
2. The Revenue Divisional Officer, Tiruppur
3. The Thasildar, Taluk Office, Tiruppur
4. The Assistant Executive Engineer, Water Board, Tiruppur
5. The Commissioner, Tiruppur Corporation, Tiruppur Defendants.
This Suit came up before me on 3.06.2016 for final hearing before me in the presence
of Thiru K. Subbarayan, B.A.,B.L., Advocate for the Plaintiff and of Thiru. K.N. Subramaniam,
B.A.,B.L., Advocate for the Defendants and upon hearing the both the side arguments and on
perusal of case records, this court delivered the following:
JUDGMENT
The Plaintiff has filed the present suit for the relief of declaration and permanent
injunction that (a) a permanent injunction restraining the Defendants 4 & 5 from any way
constructing the Water Tank in the suit property without any proper assignment from the
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government authorities, (b) a permanent injunction restraining the 3rd defendant or the
defendants 1 & 2 from any way assigning the suit property other than the present existing
temple and more particularly not to assign or grant permission to any other department to
construct any kind of buildings more particularly the Water Tank through the 4th Defendant in
the suit property, (b) (1) a declaration that the construction of the Water Tank in the suit
property is illegal and constructed without any proper assignment of the land from any
revenue body and for cost.
2.
The averments contained in the Plaint are as follows:
The suit property is originally Government Poramboke land measuring 550 square
metre situated in old S.F. NO: 565, new S.F. No: 800/15, Karuppa Goundenpalayam,
Veerapandi Village, Tiruppur Taluk. Though the suit property is a Poramboke land, a temple is
situated from time immemorial and the deity is Lord Karupparaya Swamy specifically known
as caste God for Kongu Vellalar Kannanthaiyar Kulam. All the Revenue records clearly show
that the suit property is specifically for the temple.
3. Adjacent to the West of the suit property, the old S.F.NO: 570 is there in which the
main deity and the temple is present. The Urchava Moorty is kept in the suit property and
periodical Poojas are performed by the particular caste people without fail which are properly
maintained by the Plaintiff for all these years.
4. To maintain the temple and its property, the Plaintiff had started a Trust and the same is
properly registered. The Plaintiff is the President of the Trust and the main purpose of the
Trust is only to maintain the temple and its lands.
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5. Due to the jealous on the plaintiff and the performance of the Trust activities, some of
the public have instigated one M. Subramaniam and Duraisamy to create problem to the
Plaintiff and the temple. The said Duraisamy belonging to a political party and close associate
of the officials in the Veerapandi Panchayath, tried to use their Post and Power to defame the
name of the Plaintiff. The said Duraisamy had instigated the 4th Defendant to construct a
Water Tank in the suit property. The suit property is there specifically for temple and had not
been assigned to either the Panchayath or Water Board and without following any formalities
and only to defame the name of the Plaintiff, the 6th Defendant had initiated steps for
construction of the Water Tank through the 4th Defendant. The 4th Defendant had also
inspected the suit property in the month of June 2007 and expressed the inconvenience to 5th
Defendant had continuously pressurized the 4th & 5th Defendant to construct the Water Tank
in the suit property.
6. Hence, the Plaintiff had made a representation to the 2nd Defendant on 20072007.
Subsequently, the 2nd Defendant made an enquiry. The 6th Defendant falsely represented
before the 2nd Defendant that there is a pubic team in the village by name "Oor Pothumakkal
Kulu" and raised his objection and pressurized the 2nd Defendant to defeat the petition of the
Plaintiff. After proper verification and enquiry, the 2nd Defendant had passed an order dated
08092007 vide Na. Ka. no: 8607/07A1, that the proposed construction of the Water Tank in
the suit property will create law & order problem and also communal disputes and advised the
4th Defendant to find out some other suitable place for the proposed construction of the Water
Tank.
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7. Even after the orders of the 2nd Defendant, the 6th Defendant with the help of political
support, again and again pressurizing the 2nd Defendant to the change his decision and it
seems that the 2nd Defendant may change his decision due to the unwanted pressure from the
political parties.
8. The suit property serves only as a temple and there is no proper approach road even to
reach the same. The Plaintiff only got a road facility from the 3rd party and making all efforts
to develop the temple. Further, till today the 3rd Defendant had not assigned the lands to any
department or to the water board or to the Veerapandi panchayath for the public purpose.
Due to the political pressure, the 2nd and 3rd Defendant may do so, which will cause
communal problem and law and order problem in that area. Hence, the Plaintiff had issued a
legal notice under Section 80 C.P.C to the 1st Defendant and copies to other Defendants to
issue proper direction to his subordinates not to assign the suit property other then the temple
use. All the Defendants have received the notice and have not replied till today. After the
receipt of the notice, the 4th Defendant had seriously taking steps to construct the Water Tank
without any proper assignment from the Revenue Department.
9. Subsequent to the suit, the Coimbatore District was bifurcated and Tiruppur District was
formed and the District Collector appointed and now he is responsible for the all the acts done
on behalf of the revenue body. Like wise, the post of the 5th and 6th Defendants have been
abolished and Tiruppur Municipal Corporation Commissioner had took over the charge of all
the act of the 5th and 6th Defendants and accordingly the 5th and 6th Defendants are
removed from the suit and Commissioner, Tiruppur Municipal Corporation has been added as
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the 5th Defendant. The 4th and 5th Defendants pending suit had constructed a Water Tank in
the suit property without getting any order of assignment to the Water Board either from the
temple or from any other department and hence it is necessary to declare the same as illegal
construction. Thus, this suit.
10.
The averments contained in the Written Statement are briefly as follows:
The suit is not maintainable. The Plaintiff has not mentioned as to whether the suit is
filed by the Trust or in his individual capacity. The Plaintiff has no locus standi to file the suit
in his individual capacity or on behalf of the Trust. Even as per the alleged byelaw of the Trust
the Plaintiff has no right to file the suit. The suit filed without proper resolution by the Board
of Trustees is not maintainable and deserves to be dismissed. Admittedly, the suit property is a
Government Land. There is no temple in S.F. no:800/15. It is a vacant land with a small tiled
structure in a portion of the property. The S.F. no: 570 is a vast extent of land, which is also a
Government Land in which the temple is situated in a negligible portion. It is false and
incorrect to state that Karupparayya Swamy is the caste god for Kongu Vellalar Kannanthayar
kulam. Karupparayya Swamy is a common god for all the communities and having temple all
over Tamilnadu. Hence, it is false to state that the temple is only for the Plaintiffs community.
It is significant to note that the alleged Trust was created only in the year 2006. The plaint
allegations are that the temple is there from immemorial. This allegation itself proves that the
alleged Trust was created only for the purpose of preventing the defendants from serving the
inhabitants of the Karuppa Gounden Palayam village and the suit is filed out of political
motivation and intention.
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11. The Defendant contends that the Karuppa gounden Palayam Village Public are suffering
from scarcity of drinking water for the past several years. They have also chosen to block the
road demanding drinking water supply and the authorities have assured for construction of
Water Tank to provide continuous drinking water facility. There are about 3000 persons in the
Village and it is the Prime duty of the Panchayat to provide them with drinking water.
12. The 4th Defendant is a wing of Tamilnadu Government for implementing water supply
scheme to water scarcity inhabitants of village Panchayats on priority basis and proposals were
sent to the Government for approval and the proposal has been approved on 23.04.2007. The
site for constructions of service reservoir was selected in the available Poramboke land in S.F
No: 800/15, which is technically feasible. Based on the selection of service reservoir site, a
detailed estimate has been prepared and the Government has sanctioned an amount of Rs.2.60
lakhs. The contract to execute the water supply scheme has been awarded to one
R.Balakrishnan, Contractor, Mettur on 31.05.2007.
13. The Defendant contends that when the 4th Defendant started the work, the Plaintiff,
stating himself as the President of the Temple Trust raised objections and also sent his
objections to the 2nd Defendant. Since, there was an objection, the 2nd Defendant has
requested the 4th Defendant to verify whether any other feasible sites are available. Since, no
other alternative site was available the 4th Defendant informed the 2nd defendant that the suit
property is most feasible place for the reservoir and there is no other alternative place. Based
on the report, the 2nd Defendant inspected the site and satisfied that the said place is the
appropriate location for the reservoir and recommended the suit property for construction of
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the reservoir, in his proceedings dated 09.11.2007. Unless the work is taken up and
completed, there is a possibility of lapse of the proposal and the public may not get water
facility. The suit property being Poramboke land, the Government has got every right to use it
for the benefit of the local Public. The allegations leveled against the Defendants are false and
incorrect. In fact, the Plaintiff owns lands near the suit property and it is his illegal intention to
encroach the suit property. The Plaintiff has filed a false suit and is therefore not entitled for
the relief as sought for.
14.
On perusal of the pleadings, Plaint and Written statement and available material
records the court has framed the following issues and Additional issue:
3. கமலவ நததல கடநநரவ சததடவட கடவடவததலவ ககதயதலவ வழதபவபதடவடறவக பதததபவப ஏறவபடமவ எனவபத சரதயத?
(1) Whether the Plaintiff is entitled to maintain the suit on behalf of the Trust and the framing
of the suit is correct ?
(2) Whether the Plaintiff is entitled for the relief of declaration as prayed for ?
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15.
ISSUES No: 1 to 5 and Additional Issue no:1&2:
The Plaintiff's case is that the suit property is originally Government Poramboke land in
S.F. No: 800/15. The temple of Lord Karupparaya Swamy specifically known as caste God for
Kongu Vellalar Kannanthaiyar Kulam is present in the the suit property. Adjacent to the West
of the suit property, the old S.F.NO: 570 is there in which the main deity and the temple is
present. The Urchava Moorty is kept in the suit property and periodical Poojas are performed
by the above said particular caste people. The Plaintiff had started a registered Trust to
maintain the temple and its lands. On the instigation of one M. Subramaniam and Duraisamy,
the 4th Defendant has proposed to construct a Water Tank in the suit property. The suit
property is there specifically for temple and had not been assigned to either the Panchayath or
Water Board. The 6th Defendant had initiated steps for construction of the Water Tank
through the 4th Defendant. The 4th Defendant had inspected the suit property and expressed
the inconvenience to 5th and 6th Defendant in constructing the Water Tank in the suit
property. In spite, the 6th Defendant had pressurized the 4th & 5th Defendant to construct the
Water Tank in the suit property. After proper verification and enquiry, the 2nd Defendant had
passed an order dated 08092007 vide Na. Ka. no: 8607/07A1, that the proposed
construction of the Water Tank in the suit property will create law & order problem and also
communal disputes and advised the 4th Defendant to find out some other suitable place for
the proposed construction of the Water Tank. Despite the orders of the 2nd Defendant, the 6th
Defendant has initiated steps for construction of the water tank and pending litigation the 4th
Defendant has constructed the Water Tank.
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16. The Defendants case is that the suit is not maintainable. The Plaintiff has no locus
standi to file the suit in his individual capacity or on behalf of the Trust. Admittedly, the suit
property is a Government Land. There is no temple in S.F. no:800/15. It is a vacant land with
a small tiled structure in a portion of the property. The S.F. no: 570 is a vast extent of land,
which is also a Government Land in which the temple is situated in a negligible portion. It is
false and incorrect to state that Karupparayya Swamy is the caste god for Kongu Vellalar
Kannanthayar kulam. Karupparayya Swamy is a common god for all the communities and
having temple all over Tamilnadu. It is significant to note that the alleged Trust was created
only in the year 2006 stating that the Trust is formed to maintain the temple and its property.
The Defendant contends that the Karuppa gounden Palayam Village Public are suffering from
scarcity of drinking water for the past several years. After due inspection and enquiry by the
concerned authorities, the suit property is technically feasible for the construction of the Water
Tank. The government has duly approved for construction of the Water Tank. The suit
property being Poramboke land, the Government has got every right to use it for the benefit of
the local Public. The allegations leveled against the Defendants are false and incorrect. The
Plaintiff having lands near the suit property has filed this suit with a false intention.
17. On the side of the Plaintiff, PW1 to PW3 examined and ExA1 to ExA8 marked. ExC1
to ExC3 marked. On the side of the Defendants, DW1 to DW3 examined and ExB1 to ExB4.
ExX1 marked through DW3.
18. The Plaintiff was examined as PW1 by means of the proof affidavit and he has
reiterated the very same grounds in his proof affidavit as alleged in the Plaint. ExA1 to ExA8
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marked through the Plaintiff vide PW1. ExA1 is the certified registered copy of the
Karupparayan Temple Trust Deed dated 25.1.2006. ExA2 is the certified copy of the FMB Plan
pertaining to S.F.no: 570. ExA3 is the certified copy of the FMB Plan pertaining to S.F.no:
800. ExA4 is the Xerox Copy of the Proceedings of the Revenue Divisional Officer, Tiruppur in
Na.Ka. 8607/07/A2 dated 8.9.2007. ExA5 is the Office Copy of the Section 80(c) C.P.C notice.
ExA6 is the Acknowledgement Card for the receipt of the notice by the 2nd Defendant. ExA7
is the Acknowledgement Card for the receipt of the notice by the 3rd Defendant, 5th
Defendant and 6th Defendant. ExA8 are the postal receipt for issuance of notice to the
Defendants 1 and 4. ExC1 to C3 are the Advocate/Commissioner's Report and Plan.
19. The 4th Defendant was examined as DW1 by means of the proof affidavit and he has
reiterated the very same grounds in his proof affidavit as alleged in the Written Statement. Ex
B1 to ExB4 marked through DW1.ExB1 is the True Copy of the Administrative Approval by
TWAD, Board in M.D's Lr.No.2407/Budget 200708/AE6/R/PM/2007 dt. 10.5.2007. ExB2 is
the True copy of the TWAD Board, Forwarding Slip to Accompany the Lump Sum Agreement
dated 6.12.2007 by President, Veerapandi Panchayath addressed to the 4th Defendant. ExB4
is the Xerox copy of the Letter dated 18.12.2007 by Executive Engineer, TWAD Board, RWS
Division, Coimbatore addressed to the RDO, Tiruppur. ExX1 is the Xerox copy of the Ration
Card of DW3.
20. At the outset, it is pertinent to note that, it is not in dispute that the suit property
situated in S.F. No: 800/15 is Government Poramboke lands. It is also not in dispute that the
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Karupparaya Swamy Temple is situated in S.F. 570/2 which is adjacent to the suit survey
number. It is also not in dispute that a small tiled building is situated in the suit survey number
were in the 'Urchava Moorthy' is is kept. From ExC1 and ExC2 vide the FMB plan, the oral
testimony of both the side witnesses evidences the existence of the said Temple in S.F. No:
570/2 and the building in suit survey number S.F.no: 800/15. The Defendants have also
admitted the existence of the said Temple in the S.F.No: 570/2. However, it is pertinent to
note that though the said Temple is situated in S.F. No: 570/2 and its building in suit survey
number S.F. no:800/15 there are no substantial documents to establish that the said
Karupparaya Swamy Temple has got a right over the suit property. Admittedly, no Patta or any
other documents assigning a right have been issued in favour of Karupparaya Swamy Temple.
No materials are placed before the court to show that the Karupparaya Swamy Temple has got
a right over the suit property. The Plaintiff has failed to establish that the Government has
conveyed any right in the suit lands to the Karupparaya Temple. It is thus very clear that the
suit survey number is a Government Poramboke Land were in the Government is the absolute
owner of the suit property. Just because of the existence of the Temple it cannot be construed
that the suit property belongs to the Karupparaya Swamy Temple. It is seen that the Plaintiff
has filed the present suit seeking the relief of permanent injunction to restrain the defendants
from any way constructing the Water Tank in the suit property without any proper assignment
from the government authorities and further restraining the 3rd defendant or the defendants 1
& 2 from any way assigning the suit property other than the present existing temple and more
particularly not to assign or grant permission to any other department to construct any kind of
buildings more particularly the Water Tank through the 4th Defendant in the suit property. In
this regard, it is to be noted that a Water Tank has been constructed in the suit property. ExB1
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to ExB4 documents, the Advocate/Commissioner's Report and Plan and oral testimony of the
Plaintiff himself and other witnesses evidences the construction of the Water Tank in the Suit
Property. In such circumstances, the relief of Permanent Injunction sought for by the Plaintiff
to restrain the Defendants from construction of Water Tank has become Infructuous. It is to be
noted that during the pending of the suit the Plaintiff has amended the Plaint with regard to
the constructed Water Tank and sought for the relief of declaration to declare that the
construction of the Water Tank in the suit property is illegal and constructed without any
proper assignment of the land from any revenue body. As already stated the Government is the
true owner of the suit property and it is the paramount duty of the Government to take
measures for the welfare of the public. In absence of any right over the suit property, the
Karupparaya Swamy Temple has no locus standi to restrain the government from carrying out
welfare measures in the suit property. There is no convincing evidence before the court that
the construction of the Water Tank would create a communal problem in the locality. The
evidence of PW2 and PW3 has in no way supported the Plaintiff's case. The construction of
the Water Tank is purely in the interest of the public and it is unacceptable to state that the
same would cause communal problems and hurdles to worship of the Temple. The
Government being the lawful owner of the suit property has got every right for construction of
the Water Tank in the suit property. Thus, the act of the Government constructing a Water
Tank in the suit property is in no way illegal. The Plaintiff is not entitled for the relief of
declaration as prayed for. Moreover, it is also pertinent to note whether the suit is instituted
on behalf of the Trust and whether the suit is maintainable. Admittedly, ExA1 evidences the
Temple, supporting the services in the temple and carrying on charities in the name of the
deity. The Plaint cause
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title would go to show that K.M. Sivasubramaniam, designated as President Karupparayan
Temple Trust rather the Plaintiff has chosen to file the suit in his individual capacity merely
mentioning himself as the President of the Karupparayan Temple Trust. As stated above, it is
admitted fact that the government is the absolute owner of the suit property and no manner of
right or title has been conveyed to the Karupparaya Swamy Temple. As such, the drafting of
the Plaint and Plaintiff filing the present suit in his individual capacity merely stating himself
as the President, of Karupparayan Swamy Temple Trust is not proper. Thus, the issues 1 to 5
and additional issues are answered accordingly and against the Plaintiff.
21.
Issue No:6:
In the present case, from the above discussion, this court does not find any alternative or
additional remedy to be given to the plaintiff. Thus, this issue is answered against the Plaintiff.
22. In the result, the suit is dismissed. Considering the nature of the suit no order as to cost.
Directly Typed by me, corrected and pronounced by me in open court, this the 15 nd day of
June 2016.
District Munsif,
Tiruppur
Annexure:
Plaintiff Side witnesses:
1. PW1 Sivasubramaniam
2. PW2 Muthusamy
3. PW3 Muthuselvam
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Plaintiff side Documents:
ExA1 Certified registered copy of the Karupparayan Temple Trust Deed dated 25.1.2006.
ExA2 Certified copy of the FMB Plan pertaining to S.F.no: 570.
ExA3 Certified copy of the FMB Plan pertaining to S.F.no: 800.
ExA4 Xerox Copy of the Proceedings of the Revenue Divisional Officer, Tiruppur in Na.Ka.
8607/07/A2 dated 8.9.2007.
ExA5 Office Copy of the Section 80(c) C.P.C notice.
ExA6 Acknowledgement Card for the receipt of the notice by the 2nd Defendant.
ExA7 Acknowledgement Card for the receipt of the notice by the 3rd Defendant, 5th
Defendant and 6th Defendant.
ExA8 Postal receipt for issuance of notice to the Defendants 1 and 4.
Defendants Side Witnesses:
1. DW1 Rahupathi
2. DW2 Govindaraj
3. DW3 Palanisamy
Defendants Side Documents:
Lr.No.2407/Budget 200708/AE6/R/PM/2007 dt. 10.5.2007.
ExB2 True copy of the TWAD Board, Forwarding Slip to Accompany the Lump Sum
Agreement in No.DR. 126/200708/TWAD/CBE/dt: 3.7.2007.
ExB3 Xerox Copy of the Letter dated 6.12.2007 by President, Veerapandi Panchayath
addressed to the 4th Defendant.
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ExB4 Xerox copy of the Letter dated 18.12.2007 by Executive Engineer, TWAD Board, RWS
Division, Coimbatore addressed to the RDO, Tiruppur.
Defendants Side Witnesses Documents:
ExX1 Xerox copy of the Ration Card of DW3.
Court Exhibits:
ExC1 Advocate/Commissioner's Report.
ExC2 Advocate/Commissioner's Plan.
ExC3 Advocate/Commissioner's Plan.
District Munsif,
Tiruppur
Fair/Draft Judgment
O.S. 415/2007
D.D. 15.6.2016