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1975 Supreme(Mad) 554

RAMANUJAM
M. E Subramani – Appellant
Versus
Commissioner, H. R. and C. E. (Admn. ), Madras – Respondent


Advocates:
T.V. Subramaniam, for Petitioner.

Judgement

ORDER:- The petitioners are the three of the non-hereditary trustees out of the five appointed for the religious institution comprising the Arulmigu Margasahaya Iswarar, Varasidhi Vinayakar and Karunakara Perumal etc., group of temples at Madurayoyal, Saidapet taluk, Chingleput District, by an order dated 27-8-1973 of the Assistant Commissioner/Collector, Hindu Religious and Charitable Endowments. It appears that apart from the three trustees who are the petitioners herein, the other two are not effectively functioning as trustees. The 4th trustee is said to be a former managing trustee and he is said to be giving constant trouble to the petitioners who are said to be sincere in carrying out their duties as trustees. The fifth trustee is said to have resigned from the trusteeship.

2. The first respondent herein, in exercise of his powers under Section 45 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, had appointed, by his order dated 4-9-1975, the 3rd respondent as the executive officer of the group of temples in question. The petitioners have challenged, in this writ petition, the validity of the said appointment.

3. According to the petitioners, the





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