Madras High Court slams petitioner Fathima for filing multiple frivolous applications to delay the legal proceedings in a case relating to temple properties

The Madras High Court recently reprimanded a petitioner, Fathima Nachia, for filing consecutive frivolous applications to delay the legal proceedings in a case relating to the properties of temples located in Chennai.

According to the New Indian Express, on 8th July, a bench of Justice A D Jagadish Chandira dismissed the petition filed by Fathima, which challenged the execution proceedings in a case which was decreed in favour of the twin temples of Chenna Malleeswarar and Chenna Kesava Perumal Devasthanam, Chennai. The decree allowed the twin temples to recover their properties, which were leased out to her husband, Mohammad Iqbal.

In 1994, the temples had filed suits against Iqbal for default in payment of rent, seeking delivery of possession and rent arrears. In 2000, an ex-parte decree was passed in favour of the temples allowing them to recover the rent arrears and the possession of the properties.

However, the proceedings for the execution of the decree began in 2015. Fathima’s husband passed away pending the execution of the decree. For the entire duration, Fathima continued to enjoy the tenancy rights of her husband and later on chose to challenge the execution proceedings of the decree, instead of the decree itself.

The High Court slammed Fathima for adopting dilatory tactics

The High Court saw through the petitioner’s dilatory tactics and said, “While on one side, the revision petitioner contends that the ex parte decree being a non speaking order is not at all valid in the eye of law, she has not chosen to challenge the same even after having the knowledge about such a decree. She had taken almost 24 years from the date of decree to seek for setting aside the same and at least about 9 years after she had filed a suit in O.S.No.2665 of 2015 seeking for permanent injunction against the respondent-temple, which shows her intention to protract the proceeding by one way or other.”

“While the revision petitioner claims lack of knowledge about the eviction proceedings initiated by the respondent-temple, she had chosen to muddle the issue by filing petitions, one after another, without filing any petition to set aside the ex-parte decree and ultimately, she had filed petitions only in the year 2024 with a delay of 8456 days, which were also dismissed on merits. Thereby, it is evident that she adopts a dilatory tactics to prevent the respondent temple from enjoying the fruits of the decree by fermenting litigation,” the Judge noted in the judgment, which was accessed by OpIndia.

Court bound to protect interests of the deity: HC

Fathima challenged the decree on the ground that the petition on behalf of the temple was filed by the managing trustee of the temple, who, according to her, did not have the locus standi, instead of the Hindu Religious & Charitable Endowments Department. Additionally, she claimed that the execution petition was barred by limitation because it was filed after a long delay.

The High Court expressed strong disapproval over her contentions and said that it would not be appropriate to deny the temples the benefit of exemption from limitation under section 109 of the HR&CE Act for recovering the properties and the rent arrears solely due to some delay in the execution of the decree, which was already granted in their favour.

Regarding the issue of locus standi raised by the petitioner, the High Court said, “It is a settled principle that any person who is interested in the temple is entitled to initiate law into motion and the court itself, as parens patriae, is bound to protect the interest of the idol.”

Perumal Devasthanam is a historical temple

The Chenna Malleeswarar and Chenna Kesava Perumal Devasthanam temples are together called as the Perumal Devasthanam. These twin temples in Chennai are dedicated to Lord Vishnu (Chenna Keshava) and Lord Shiva (Chenna Malleeswara). The city of Chennai is said to have got its name from the Chenna temples.

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