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2010 Supreme(SC) 810

V.S.SIRPURKAR, CYRIAC JOSEPH
Pillayar P. K. V. K. N. Trust Thru Ramanathan – Appellant
Versus
Karpaga N. N. U. S. Rep. by Secretary – Respondent


Advocates appeared:
For the Appellants:Shri K. Ramamoorthy, Senior Advocates, Mrs. N. Shoba, Sriram J. Thalapathy, Advocates. For the Respondents:Dayan Krishnan, Gautam Narayan, Nikhil Menon, Nikhil Nayyar, S. Thananjayan, T. Harish Kumar, Advocates.

Judgment :-

V.S. SIRPURKAR, J.

1. Leave granted.

2. The appellant-a religious Trust challenges the judgment of the Division Bench of the High Court whereby the High Court allowed the Writ Petition filed by the respondent No.1 herein. The respondent No.1 claims to be the representative body of the residents of the area called Karpaga Nagar. The High Court while allowing the Writ Petition issued the following direction:

"We allow the writ petitions and direct that the plots covered in LP/MR 1/75 cannot be used for any purpose other than the public purposes mentioned in such LP/MR 1/75."

The High Court, however, did not include two plots, namely, plot Nos. 276 and 369, meaning thereby that those plots could be used for any other purpose.

3. Some factual background would be necessary before we approach the controversy. The appellant is a Trust formed in the year 1924 to look after religious and secular activities of Pillayarpatti Koil situated at Pillayarpatti and for the welfare of Nagarathar community. The Trust acquired properties in Tallakulam village in Madurai District including lands in S. No. 92, 94, 120 to 126, 130 to 133, 176/1 and 178. These properties were sub-divided into 9








































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