Court dismisses action with costs against New Kathiresan Temple Trustees
 

BY SARATH Malalasekera

COLOMBO Additional District Judge K. Priyantha Fernando has dismissed the action with costs filed against New Kathiresan Temple, Bambalapitiya Trustees and observed that the plaintiffs cannot maintain the action before court and refused the interim injunction.

Plaintiffs Annamalai Muthappan Chettiar, Kanthappan Theyvendiran, Nagalingam Selvaraj, Subramaniampillai Sithambaram and Thissaveerasingham Selvanayagam cited A. N. A. R. S. T. Subramaniam Chettiar, S. T. Narayan Chettiar, S. T. S. P. Rajendran Chettiar, S. T. S. P. Sithambaram Chettiar and R. M. Chokkalingam Chettiar as defendants.

The plaintiffs claimed that they were regular worshippers of the New Kathiresan Temple and instituted action in the Colombo District Court against the Trustees to prevent the Trustees from functioning as they have failed to carry out the Trustees' functions properly. They also alleged that the Managing Trustees and other Trustees misappropriated funds.

The Trustees took up the objections that the plaintiffs have no status and the plaintiffs have not complied with the imperative statutory provisions contained in Section 102 (3) of the Trust Ordinance wherein any dispute had to be referred to the Government Agent and the Government Agent has to certify that it is a matter for Court intervention.

The Trustees also alleged wrongful conduct of one of the Temple Trustees who was removed by the Trustees for improper conduct and that he had been instigating various persons to file action against the Trustees improperly without any basis.

The Trustees specifically alleged that there were no irregulaties in the Trust and all transactions in the Trust of the New Kathiresan Temple were transparent. The Trustees have alleged that in any event, the plaintiffs had not complied with the provisions of Section 102 (3) of the Trust Ordinance.

President's Counsel Romesh de Silva with N. R. Sivendran, K. Pirabakaram, Manjula Fernandopulle and Kanthi Pigera instructed by N. Y. Kulaseelan appeared for the Trustees of the New Kathiresan Temple.

President's Counsel Nihal Jayamanne with Dilhan Perera, Ian Fernando and Nurani Amerasinghe instructed by Yasanthi Karunatilleke appeared for the plaintiffs.

M. A. Sumanthiran appeared for the Trustee S. Narayan Chettiar.