Judgment:
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to strike off the suit in O.S.No.37 of 2017 pending on the file of the learned Principal District Munsif, Gingee.)
1. The defendants 5 and 6 are the revision petitioners.
2. The respondents 1 and 2/plaintiffs has filed the suit in O.S.No.37 of 2017 seeking mandatory injunction against the temple authorities of A/m.Angalamman Thirukoil, Melmalaiyanur to provide the basic amenities to the devotees who come to the said temple during the festivals. Along with the suit, the plaintiffs have also filed an application seeking interim injunction restraining the temple authorities from conducting the Unjal festival on Amavasai day due to lack of amenities. The Court below has also granted interim injunction till 07.02.2017. Aggrieved by the said order, the temple authorities are before this Court, in this revision.
3. Heard the learned counsel for the petitioners.
4. The learned counsel for the revision petitioners would submit that the Court below had erred in granting the interim injunction for conducting the centuries old religious rites. Further the suit itself is barred under Section 108 of the Hindu Religious and Charitable Endowments Act. Further he would submit that the trial Court had committed gross violation of law in interfering with the Temple administration.
5. It is the further contention of the revision petitioners that if at all the respondents are really interested in the public welfare, they should have filed the above suit well before the commencement of the festival. However, they have filed the suit one day prior to the Unjal festival, that is on 25.01.2017 and the Court below also without taking into consideration the rituals of the temple and the sentiments of the lakhs and lakhs of people have ordered interim injunction suspending the festival to be conducted on Friday, 27.01.2017. Accordingly, he prayed for setting aside the same.
6. From the perusal of the papers, it is seen that though the respondents have filed the suit praying for a mandatory injunction to provide basic amenities to the general public who are coming to attend the festival in the A/m.Angalamman Thirukoil, Melmalaiyanur, in the interim application they have asked for an injunction not to conduct any festival including the Unjal festival, which is to be conducted on the New Moon day [Amavasai day], which is beyond the scope of the suit. From time immemorial, the temple has been conducting the festival and today, being an auspicious day, ie., "Thai Amavasai" and that too falling on a Friday, the devotees from all parts of the country would have thronged there to attend the Unjal Festival. At this juncture, if the conduct of the festival is stopped, great prejudice would be caused to the temple authorities and also to the general public.
7. Though the intention of the respondents/plaintiffs may be of public interest, filing such a suit, at the eleventh hour, i.e. on 25.01.2017, seeking such a kind of prayer in order to stall the conduct of the Unjal festival, which is scheduled to be held on 27.01.2017, seems to be with the ulterior motive, mala fide and appears to be not in public interest. If the respondents were so interested, they could have moved such a petition well ahead of the day fixed for this festival, enabling the authorities concerned to provide all such amenities. Though it is the bounden duty of the officials to provide facilities to the public, they should also not have waited for somebody to move the Court for providing the same.
8. However, considering the urgency in the matter and that the New Moon day falls today, i.e., on 27.01.2017 and this night the people would have congregated for the Unjal Festival and other rituals following the same, the temple authorities cannot be injuncted from performing the Unjal festival.
9. Accordingly, the order passed by the Court below dated 25.01.2017 in I.A.No.125 of 2017 in O.S.No.37 of 2017 in granting interim injunction till 07.02.2017 from conducting the Unjal Festival on the Amavasai day is suspended. The matter is remitted back to the Court below to consider the same on 07.02.2017 on which day, the case is posted for further hearing and decide the application, on merits and in accordance with law, after giving sufficient opportunity to both the parties.
10. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.