Facts
The first respondent, as plaintiff, brought a suit seeking a permanent injunction restraining the private defendants from interfering with its possession and enjoyment of the suit property and the administration of the trust
Source reference: p.4, para. 4During the suit, the plaintiff sought to implead the Joint Commissioner of the Hindu Religious and Charitable Endowments (HR&CE) Department.
Source reference: p.4, para. 5The trial court allowed the application, noting that the HR&CE Commissioner, Assistant Commissioner and temple Executive Officer had already been impleaded by an earlier order dated 12 December 2025.
Source reference: pp. 4–5, paras. 5, 7The first defendant challenged the impleadment order under Article 227 of the Constitution, arguing that adding the Joint Commissioner altered the character and scope of the suit.
Source reference: p.4, para. 6Issues
1. Whether impleading the HR&CE Joint Commissioner altered the character of the suit or exceeded the scope of the relief originally sought
Source reference: p.4, para. 6; p.6, para. 92. Whether the trial court’s order allowing impleadment warranted interference under Article 227 of the Constitution
Source reference: p.6, para. 9Law Applied
The Court considered its supervisory jurisdiction under Article 227 of the Constitution and applied the principle that interference with a trial court’s order is not warranted absent perversity.
Source reference: p.6, para. 9It also reasoned that where an earlier order impleading other HR&CE officials had not been challenged, the petitioner could not use a challenge to the subsequent impleadment of another official to raise the same objection to the presence of official defendants.
Source reference: p.5, para. 8Reasoning
The trial court had allowed the application because other HR&CE officials and the temple Executive Officer were already parties, and it found that adding the Joint Commissioner would cause no prejudice.
Source reference: p.5, para. 7The High Court held that the petitioner had not challenged the earlier order impleading those officials and could not now rely on the asserted change in the suit’s character to challenge the Joint Commissioner’s addition.
Source reference: p.5, para. 8Finding no perversity in the trial court’s reasoning, the Court declined to interfere.
Source reference: p.6, para. 9It clarified that impleading the officials did not, by itself, change the nature of the suit, while leaving the private defendants’ positions for independent consideration by the trial court.
Source reference: p.6, para. 9Holding
The High Court dismissed the civil revision petition and upheld the order impleading the Joint Commissioner.
It directed the trial court to dispose of the suit within six months from receipt of a copy of the order.
Source reference: p.6, para. 10No costs were awarded.
Source reference: p.6, para. 10Original Court PDF
Ramesh BabuvsAndal Ammal Madam Kaikarya Trust
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