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1995 Supreme(Mad) 217

K.A.SWAMI, SOMOSUNDARAM
Meyappa Velar – Appellant
Versus
Tamil Nadu Temple Administration Board Secretariat – Respondent


Advocates:
E.M. Sudarsana Natchiappan, Counsel for the Appellant; G.
Sugumaran, S.G.P., Counsel for the Respondents 1 and 2 Mr. W.C. Thiruvengadam,
Counsel for the Respondents 3 to 7

Judgment :-

K.A. Swami CJ.

This appeal is preferred against the order dated 2nd December, 1994 passed by the learned Single Judge in W.P. No. 6905 of 1993. As the petition has been dismissed, petitioner therein has come up in appeal.

2. The petitioner sought for quashing the order dated 17th March 1993 passed by the 1st respondent in Na.Ka. No. A.2/49112/92 appointing respondents 4 to 7 and one Ayyappan as Trustee of Arulmigu Vettudaiyar Kaliamman Temple Ariyakurichi, Sivaganga Taluk, Pasumpon Muthuramalingam Thevar, District.

3. The contention of the petitioner/Appellant is that as per paragraph 2 of the scheme framed by this court in Appeal Suit 377/27 dated 11th Novermber, 1930, a true copy of which is produced in the typed set of records it is only the male representative of the family of the Poojaris can be appointed as a Trustee and as such, the appointement of a female as the representative of the family of the poojaris is opposed to the Scheme; that such a provision is not repugnant to the provisions contained in Section 47 of the Tamil Nadu Hindu Religious and Charitable Endlowment Act, 1959 (hereinafter referred to as the Act), therefore it is not right, hence the peti









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