2001 Supreme(Mad) 1065
PRABHA SRIDEVAN
The Idol of Arulmighu Thayumanaswamy by Executive Officer, Rockfort, Tiruchi – Appellant
Versus
A. Arumugham and others – Respondent
Advocates:
R.Subramaniam, for Mrs.Hema Sampath, for Petitioner.
A.Saravanan, for Respondent No.1.
ORDER: The petitioner is aggrieved by the order permitting sale of the petition property by the first respondent herein at the rate of Rs.2,000 per cent. According to the petitioner, the property is Trust property and ought not to have been sold. The first respondent filed Trust O.P. No.4 of 1994 (in the matter of ‘Tirunavukkarasu Madalayam Trust’) under Section 34 of the Indian Trusts Act. The brief facts of the matter are necessary for appreciation of this revision: One Arumugam Pillai executed a Will dated 21.2.1951, Ex.P-1. The properties mentioned in the Will were endowed in favour of Thirunavukkarasu alias Apparswami Madam, an idol installed by the testator in one of the properties mentioned in the will. It was also called the Thirunavukkarasu Madalayam. The testator himself performed Kumbabishekam to the said Madalayam. He created “specific endowments” for performance of certain religious and charitable acts in connection with the Trichy Rockfort Thayumanaswamy temple. The devotees and poor people had to be fed and the deity viz., Thayumanaswamy along with the Apparswami idol mentioned above had to be taken in procession around the Rockfort temple streets. The petition prope
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