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2003 Supreme(Mad) 656

A.K.RAJAN
P. K. Annamalai (as trustee and worshipper) & Others – Appellant
Versus
The Commissioner, H. R. & C. E. Departmen & Others – Respondent


Advocates Appeared:For the Petitioner:Mrs. Hema Sampath, Advocate. For the Respondents:R1 to 3 Mr.S. Sathiamurthy, Government Advocate.

Judgment :-

The Second Appeal has been filed by the plaintiff in the suit.

2. The suit has been filed by the Trustees as well as Worshippers of Arulmighu Kumbeswarar Koil, Kurinjipadi, in a representative capacity; representing Senguntha Mudaliar community of Eswaran Koil Street, Vachani Mudali Street and Ellaikal Street in Kurinjipadi.

3. The case of the plaintiff is as follows: a) Arulmighu Kumbeswarar Temple at Kurinjipadi Old Street belongs to Senguntha Mudaliar community. It was built about 150 years ago. People of Senguntha Mudaliar community of the Old Street are managing the temple. Only in case of emergency, some others were managing the temple. This temple was built only for the benefit of their community. Many people of that community settled property in the name of the temple for the advancement of the people of that community. Though public are also worshipping in the temple, it is not a matter of right. The trustees were selected only from the community of the three streets. No other person other than Senguntha Mudaliar community was ever appointed as trustees.

b) Earlier, a suit was filed by the Reddiar community in O.S.No.28 of 1914, against Senguntha Mudaliar commu




























































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