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1999 Supreme(SC) 110

M.B.SHAH, S.RAJENDRA BABU
Commissioner, Hindu Religious, Charitable Endowments Administration Department, Madras – Appellant
Versus
P. S. Sethurathinam – Respondent


Judgment

Rajendra Babu, J.-The Deputy Commissioner, Hindu Religious and Char­itable Endowments Department, exercising powers under Section 45(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959), hereinafter referred to as ‘the Act’, made an order on February 10, 1965 modifying the scheme in relation to Sri Bhavani Amman Temple in Periapalayam Village in Chingleput dis­trict which had been settled by the District Court, Chingleput in O.S. No. 2 of 1949 framed on December 13, 1949. The Managing Trustee of the said Temple filed appeals and revision petitions before the statutory authorities unsuccessfully. Thereafter, he filed a suit being O.S. No. 74 of 1969 for setting aside the orders passed by the authorities under the Act. Two other suits were filed being O.S. Nos. 81 of 1969 and 74 of 1969. All the suits were decided by the Subordinate Judge, Kancheepuram by his judgment made on February 2, 1972 modifying the orders passed by the statutory authorities and decreed the suit to a limited extent. An appeal was preferred to the High Court. The Commis­sioner of Hindu Religious and Charitable Endowments Board also had filed an appeal to t





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