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2009 Supreme(Mad) 2955

P.R.SHIVAKUMAR
Commissioner, H. R. & C. E. Admn. Department – Appellant
Versus
Palani Poosari & Others – Respondent


Advocates Appeared:
For the Appellant: Murugesan, Addl. Govt. Pleader (H.R & C.E).
For the Respondents:W.C. Thiruvengadam, Advocate.

Judgment :-

P.R. Shivakumar, J.

This appeal is directed against the judgment and decree of the learned Subordinate Judge, Mayiladuthurai dated 22. 1992 made in O.S.No.154 of 1986. The Commissioner, H.R. & C.E. (Administration) Department, Chennai-34, who figured as defendant in the suit is the appellant herein. The plaintiffs 2 to 7 In the suit are the respondents in this appeal.

2. The deceased Veeraswami Poosari, who figured as the first plaintiff in the suit and Palani Poosari, the present first respondent who figured as the second plaintiff in the suit, preferred a Original Application under Section 63(b) of Act 22 of 1959 on the file of the Deputy Commissioner, Hindu Religious and Charitable Endowment Department, Nagapattinam for a declaration that they held office of the trusteeship of Sri Kamatchi Amman temple also called as Mariamman temple situated at Peravoor Village, Mayiladuthurai Taluk as hereditary trustees. The said Original Application was later on, transferred to the file of the Deputy Commissioner, H.R. & C.E. Department, Mayiladuthurai on administrative grounds and numbered as O.A.No.63 of 1980. The said application was filed pursuant to the notification issued by









































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