Summary: The Madurai Bench of the Madras High Court decided on a land dispute between Siva Subramania Nadar and Arulmigu Pathirakaliamman Koil. The court ruled against Arulmigu Pathirakaliamman Koil, stating the lawsuit was not valid without proving ownership of the land.
The case revolves around a piece of land in Kootampuli, Tuticorin District. Arulmigu Pathirakaliamman Koil claimed ownership of 1.93 acres based on several sale documents. They argued they had owned the land for over 70 years, with an official land record issued in their favor.
Siva Subramania Nadar's family contested this claim, asserting they owned 33 cents of the land. They argued they had held this land for over 100 years with a shared land record issued to them. Siva Subramania Nadar also questioned the authority of Mr. Sendurpandi, who represented the temple, suggesting he was not qualified to file the lawsuit.
"Siva Subramania Nadar had further contended that the temple can be represented only by the Board of Trustees."
The trial court initially ruled in favor of Arulmigu Pathirakaliamman Koil, granting the order to stop Siva Subramania Nadar from using the land. However, this decision was challenged, leading to a second appeal. The trial court found Siva Subramania Nadar's documents insufficient to prove ownership, while the temple had presented sale documents and land records.
On November 20, 2025, Justice R. Vijayakumar delivered the final judgment. The court found that Arulmigu Pathirakaliamman Koil had not adequately demonstrated its ownership of the land. The uncertainty over the ownership meant the temple needed to seek a declaration of ownership, not just an order to stop someone from using the land.
"The present suit for bare injunction is not maintainable."
The judgment overturned the earlier rulings, dismissing Arulmigu Pathirakaliamman Koil's lawsuit. This decision emphasized the necessity of proving clear ownership in property disputes, especially when ownership is contested.
