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2004 Supreme(Mad) 1044

K.P.SIVASUBRAMANIAM
M. P. Anandam Pillai (Deceased) By Lr. A. Dhatchinamoorthy – Appellant
Versus
The State represented by its Secretary to Government & Others – Respondent


Advocates Appeared:For The Petitioner:S.Silambanan, Advocate. For The Respondents:R1,2, K.Sukumaran, Special Govt. Pleader (HR & CE) R3, T.Srinivasa Raghavan, R4 & 6 to 9, N.Umapathy, R10, T.M.Hariharan, Advocates.

Judgment :-

The petitioner prays for a Certiorarified Mandamus to call for the records relating to G.O.Ms.No.81 dated 21.5.2002 of the first respondent, to quash the same as null and void and to direct the second respondent to remove the third respondent from the post of Executive Officer appointed to Sri Nacharammal Kattalai, Vandiyoor attached to Arulmigu Kallalagar Tirukkoil, Madurai and allow the writ petitioner to function as hereditary trustee in pursuance of the Scheme already framed for the Kattalai.

2. The specific endowment attached to the third respondent-temple is governed by the scheme framed in O.A.No.3 of 1967 on the file of the Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Madurai. The specific endowment and the administration vests in the hereditary trustees comprising of two branches, one branch represented by Anandham Pillai, the writ petitioner, and the other branch represented by the tenth respondent.

3. While the said Anandham Pillai was the trustee, there were certain allegations of mismanagement against him. The Commissioner, by his order dated 24.6.1978, found that some of the irregularities complained against him were substantiat











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