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2004 Supreme(Mad) 617

P.D.DINAKARAN, T.V.MASILAMANI
The Commissioner, H. R & C. E. (Admn. ) Department, Nungambakkam, Madras – Appellant
Versus
Senthamarai Kannan (died) and others – Respondent


Advocates:
G.Sukumaran, Special Government Pleader, for Appellant.
Ms.S.Selvakumari, for Respondent Nos.3 to 9. The Judgment of this Court was delivered by

P.D.Dinakaran, J.: The appeal is directed against the judgment and decree dated 4.3.1982 of the learned II Additional Subordinate Judge, Salem made in O.S.No.86 of 1979 laid by the plaintiff/first respondent herein to set aside the order of the Commissioner, Hindu Religious and Charitable Endowments Department/appellant herein dated 23.3.1978 made in A.P.No.63 of 1977 confirming the order of the Deputy Commissioner, Hindu Religious and Charitable Endowments Department dated 21.1.1977 made in O.A.No.86 of 1974.

2.1. In nutshell, the plaintiff/first respondent herein raised a dispute before the Deputy Commissioner Hindu Religious and Charitable Endowments Department in O.A.No.86 of 1974 under Sec.63(b) of the Tamilnadu Hindu Religious and Charitable Endowments Act, 1959 (for brevity “the Act”) claiming that he is a hereditary Trustee of the Sri Lakshminarayana temple situated at Samudram Village, Sankari Taluk.

2.2. According to the plaintiff/first respondent herein, the said temple is an ancient public one, to which the properties have been endowed as devadayam for its upkeeping and maintenance by the ancient kings. The endowment was confirmed in the name of the deity in the Inam regi



































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