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1963 Supreme(Ker) 58

P.T.RAMAN NAYAR
MADHAVAN NAIR – Appellant
Versus
COMMISSIONER FOR H. R. AND C. E. AND OTHERS – Respondent


Judgment :-

1. This case, if it has served little else, but served to expose a disquieting state of affairs regarding the disposal of valuable forest lands . belonging to a religious institution known as the Sree Pulpally Devaswom of which I trust due notice will be taken by the competent authority in the interests of the public administration and the preservation of our forest wealth no less than in the interests of this particular institution.

2. The Devaswom is in the Kozhikode District where the Madras Hindu Religious and Charitable Endowments Act, 1951 (for short, the Act) is in force. It is governed by a scheme settled under the [since repealed] Madras Hindu Religious Endowments Act, 1926 which must, by reason of S.103 of the Act, be deemed to be a scheme settled under the Act. The scheme requires the Hindu Religious Endowments Board (now replaced by the Commissioner for Hindu Religious and Charitable Endowments) to appoint a paid manager for the day to day management of the Devaswom, & in making the appointment, the Board is to have due regard to the claims and qualifications of the members of the family in which the hereditary trusteeship of the Devaswom is vested. According


























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