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1975 Supreme(Mad) 122

T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
Thanumalayaperumal Mudaliar and others – Appellant
Versus
The Commissioner, The Hindu Religions and Charitable Endowments (Administration) Department, Madras and others – Respondent


Advocates:
S. Padmanabhan, for Appellants.
The Additional Government Pleader, for 1st Respondent.
T.R. Ramachandran, K. Chandramouli, T.R. Rajagopalan and N. Subramaniam, for to 8 Respondents.

Ramaprasada Rao, J.- The unsuccessful plaintiffs in O.S. No. 7 of 1966 on the file of the Subordinate Judge, Nagercoil appeal against the judgment and decree of the learned Judge, who did not agree that the suit temple was a private one, but in whose opinion it was a public temple. The relevant pleadings may be summarised. (2) Periaveettu Mudaliars about 1000 years ago founded two Siva temples one at Azhakiapandiapuram and the other at Aloor. The temple at Azhakiapandiapuram is known as Ambalathadu-var temple and the Aloor temple is popularly known as Chera Ghola Pandia Mahadevar temple. They were built on the sites belonging to the ancestors of the plaintiffs and were constructed with their private funds. 1 here is no evidence expressly as to dedication but from time immemorial these temples were recognised as the private temples of the Periaveettu Mudaliar family. It is claimed that the inscription in the Aloor temple, which is the subject matter of this litigation, bears ample proof as to the private nature of the temple. Reliance is also placed on a printed book Exhibit A-22 written by Tamil Vidwan Chidambara Kuttalam Pillai under the caption of Contemporary records but which











































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