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1986 Supreme(Mad) 360

NAINAR SUNDARAM
Annamalai Ayye Chatram Represented By N. Hariharan Honourable Additional Trustee – Appellant
Versus
Authorised Officer (Land Reforms) Thanjavur – Respondent


ORDER

Nainar Sundaram, J.

1. The lands covered by a deed of Trust dated 31st January, 1978 were the subject-matter of the proceedings under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Act 58 of 1961), hereinafter referred to as the 'Act'. The trust in question represented by its honorary trustee is the petitioner in this writ petition. The contention raised by the petitioner before the respondents was that the lands are those held by a religious trust of a public nature falling under Section 2(1)(ii) of the Act and hence the Act would not apply to such lands. This contention has not been accepted by the respondents and the ultimate order passed by the second respondent is being impeached in this writ petition.

2. The deed of Trust lays down that the income from the lands after the expenses shall be utilised for feeding Brahmins on Dwadasi days. It is not in dispute that the said objects of the Trust are being carried out. The second respondent opined as follows -

But in this case the feeding is not related in any manner to any such occasion of public significance. Thus it is essentially a private purpose. The contention that the feeding of Brahmins is a public









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