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1996 Supreme(Mad) 991

RAJU, ARUNA JAGADEESAN
Muthusamy Gounder and others – Appellant
Versus
Arulmigu Varadaraja Perumal Temple at Nathakadaiyur, rep. by its fit person K. Chinnasami and 10 others – Respondent


Mr. S. Gopalarathnam, Mr. A.K. Kumarasamy, and Mr. S. Venkateswaran, Advocates for Appellants. Mr. A. Arumugam, Government Advocate for Respondent No.2. S.T.

Judgment :

1. The above appeal has been filed under Section 30 of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (30 of 1963).

2. The lands in question were granted for the support of the pagoda of Varadaraja Perumal at Nathakadayar and the grant was permanently confirmed in T.D. No. 2478 so long as the pagoda was well kept up. After the coming into force of Tamil Nadu Act 30 of 1963, the Settlement Tahsildar No. IV, Erode, took up enquiry and consideration of claims and by his proceedings dated 9. 1970, passed an order allowing ryotwari patta in favour of the Ist respondent temple. The appellants, who are present enjoyers, aggrieved by the said order, filed an appeal before the Minor Inams Tribunal, Coimbatore (Sub Court) and the Tribunal, while setting aside the order of the Settlement Tahsildar, remitted the case for fresh enquiry and disposal in the light of the observations contained in its order. It is seen from the proceedings of the Settlement Tahsildar, Coimbatore, that the scope of enquiry was confined to consider the effect of the documents filed at the appellate stage and to pass appropriate orders. The Settlement Thasildhar appears to ha





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