LAWS(MAD)-2008-9-462

PINNIYAKKAL Vs. DISTRICT COLLECTOR MADURAI DISTRICT &

Decided On September 01, 2008
PINNIYAKKAL Appellant
V/S
DISTRICT COLLECTOR, MADURAI DISTRICT AND Respondents

JUDGEMENT

(1.) THE petitioner in this writ petition is the daughter of one late Pinnathevar of Nalluthevanpatti Village, K.Pothampatti Post, Usilampatti Taluk, Madurai District. THE petitioner's father Pujari Pinnathevar was performing poojas at the Arulmigu Durgai Amman Kovil in the village. THE petitioner's father was performing poojas on all festival days and other sacred days in the temple.

(2.) AROUND the year 2004, he became sick and due to his old age and he was not able to perform poojas properly. So, he made his daughter, the petitioner herein to perform the poojas and related activities. She was accordingly attending to the affairs of the temple. Unfortunately, the said poojari Pinnathevar, (father of the petitioner) expired on 12.11.2006, leaving behind the petitioner as his only legal heir.

(3.) BECAUSE of these developments, the petitioner had moved the Civil Court with O.S.No.13 of 2007 on the file of the District Munsif Court, Usilampatti, seeking for a declaration that the petitioner is the lawful poojari of the suit temple and therefore the defendants in the suit should not interfere with the poojariship of the suit temple. In that suit, the fourth respondent was not a party, but, his brother Malayan S/o. Gurunathan was made a party defendant.