Mutheeswarar Temple Trustee Row: Madras HC Upholds Civil-Court Route Amid Rival Washermen Sangam Claims

The appellant Sangam challenged the appointment of non-hereditary trustees to Arulmighu Mutheeswarar Thirukoil, which it said was governed by a scheme decree dated 19 November 1929 in O.A. No. 530 of 1929.

It contended that the appointments departed from the scheme because they were made without consulting the appellant.

The writ petition challenging the relevant orders was dismissed, with the Single Judge relegating the appellant to the civil court. The appellant then filed this intra-court appeal

The appellant accepted that the appointed trustees belonged to the washermen community, but maintained that the appointments were not made in accordance with the scheme

The Court cited no specific statute, precedent, or legal provision.

It applied the principle that a dispute involving rival claims within a community and the application of a scheme decree, where resolution requires determination of civil rights, may be pursued before the appropriate civil court rather than resolved in writ proceedings

The Court noted that the appointed trustees belonged to the same washermen community as the appellant and that the dispute appeared to be between rival groups within that community.

In that context, the appellant’s contention that the scheme required consultation did not establish an error in the Single Judge’s decision to relegate the matter to the civil court. The Court therefore found no error or infirmity in the order under appeal

No order as to costs was made