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1975 Supreme(Mad) 556

G.RAMANUJAM
M. E. Subramani and others – Appellant
Versus
The Commissioner, Hindu Religious and Charitable Endowments (Administration) Madras-34 and others – Respondent


Advocates:
T.V. Subrhmanyam, for Petitioner.

ORDER.- The petitioners are three of the non-hereditary trustees out of the five appointed for a religious institution comprising the Arulmigu Margasahaya Iswarar, Varasiddhi Vinayakar and Karu-nakara Perumal, etc., group of temple, at Maduravoyal, Saidapet taluk, Chingleput District, by an order dated 27th August, 1973 of the Assistant Collector, Hindu. Religious and Charitable Endowments. It appears that apart from the three trustees who are the petitioners herein., the other two are not effectively functioning as trustees. The 4th trustee is said to be a former managing trustee and he is said, to be giving constant trouble to the peti-tioners who are said to be sincere in carry ing out their duties as trustees. The 5th trustee is said to have resigned from the trusteeship.

2. The first respondent herein, in exercise of his powers under section 45 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, had appointed, by his order dated 4th September, 1975 the third respondent as the Executive Officer of the group of temples in question. The petitioners have challenged, in this writ petition, the validity of the said appointment.

3. According to the petitioners, the o








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