1973 Supreme(Mad) 501
S.NATARAJAN, T.RAMAPRASADA RAO
S. Ramaswamy Naidu and others – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Madras-34 and others – Respondent
Advocates:
V. C. Srikumar, for Appellant.
The Additional Government Pleader and S. Baktavatsalam, for Respondents.
Ramaprasada Rao, J.- The plaintiffs for themselves and on behalf of 24 families of the Erumaikara Naicker community instituted a suit in the Court of the Subordinate Judge, Dindigul, to set aside the order of the first defendant viz-, the Commissioner, Hindu Religions and Charitable Endowments, Madras, who in turn confirmed that of the Deputy Commissioner where under the department declared a temple known as “ Dhroupathi Amman Temple” situate in West Car Street, Dindigul Town as a public temple. The case of the plaintiffs as is seen from the pleadings is that the temple was established about 330 years ago by the families known as Santhakula Sowmiya Narayana Gowraya community or Erumaikara Naicker community and that these families were living in different places, such as, Dindigul, Madurai, Quilon, Palani, Palghat, Nilgiris, Calicut, Cannanore, Mananthavadi, Mercara and Sivaganga. It is admitted that there was no dedication of the temple. But it is contended that at no time the temple or its precincts or its accessories wore built by subcriptions from the public. The plaintiffs arc emphatic that the public did not contribute any amount towards the income of the said temple. Accordin
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