L. Nageswara Rao, J. - (1.) H.H. Sri Sundara Ramanuja Periya Jeer Swamigal of Periya Jeer Swamigal Mutt, Tirupati and five others (hereinafter referred to as "devotees") filed O.S.No.178 of 1982 in the Court of Subordinate Judge, Madurai for a declaration that the entire forest area in Alagar Hills belongs to Sri Arulmighu Kallalagar also called Sri Sundarajasami or Sundara Bahu or Paramasamy, the Presiding Deity of the Respondent-temple. A consequential relief of possession of the said forest area was also sought. O.S. No.171 of 1987 was filed by Arulmigu Kallalagar Thirukoil Alagar Koil (for short "the Respondent") in the Court of Subordinate Judge, Madurai for a direction to the Government of Tamil Nadu (for short "the Appellant") to deliver possession of the schedule mentioned property i.e. Alagar hills. Relief of permanent injunction restraining the Defendant i.e. the Appellant-herein and the Chief Conservator of Forest Department from disturbing the underground water reserves by digging wells or in any other manner was also sought. The schedule mentioned property is to an extent of 15,838.4 acres at Sellappa Naickenpatti Village. O.S. No.171 of 1987 filed by the Respondent, was dismissed by a judgment dated 14.03.1988 and O.S. No.178 of 1982 filed by the devotees was dismissed on 28.09.1995. The Appeals filed against the judgments of the trial Court were allowed by the High Court of Judicature at Madras vide judgment dated 27.06.2003. Aggrieved by the judgment, the Appellant approached this Court by filing the above Appeals.
(2.) In O.S. No.178 of 1982 filed by the devotees, it was averred that the entire Alagar Malai was the property of Lord Sri Kallalagar. The devotees further pleaded that from the historical records and Sthalapurana that the Government which was in management of the temple handed over the temple to the Manager or the temple Committee members but failed to hand over the forest area which is the subject matter of the dispute. The devotees contended that the provisions of the Madras Forest Act, 1882 (for short "the Act") were not complied with before declaring Alagar Hills as a reserved forest. Claiming themselves to be members of the Vaishnava Community who are deeply interested in the preservation of the entire Alagarmalai as the property of Lord Sri Arulmighu Kallalagar, the devotees filed a comprehensive suit for declaration of title.
(3.) The Appellant filed a written statement contending that the entirety of Alagar Hills belongs to the Government. According to the Appellant, Alagar Hills have been classified as reserved forest by the Government Notification No.187 dated 11.10.1883. It was argued that the entire suit schedule property i.e. Alagar Hills was in possession, control and management of the Forest Department.;