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1975 Supreme(Mad) 120

RAMAPRASADA RAO, RATNAVEL PANDIAN
Thanumalayaperumal Mudaliar – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments (Admn,) Dept. Madras – Respondent


Advocates:
S. Padmanabhan, for Appellant; T.R. Ramachandran, for Respondents.

Judgement

RAMAPRASADA RAO, J.:- The unsuccessful plaintiffs in O. S. 7 of 1966 on the file of the Subordinate Judge, Nagarcoil, 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 Ambalathaduvar temple and the Aloor temple is popularly known as Chera Chola Pandia Mahadevar temple. They were built on the sites belonging to the ancestors of the plaintiffs and were constructed with their private funds. There 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 placed on a printed book Ex. A.22 written by Tamil Vidwan Chidambara Kuttalam Pillai under the caption of "Moovarasar veerennum aanaar deiva









































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