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2009 Supreme(Mad) 5756

V.PERIYA KARUPPIAH
The Asst. Commissioner, H. R. & C. E. Department/Fit Person Madras & Another – Appellant
Versus
Maha Tejo Mandala Sabha, Rep by its Secretary Mr. M. Jayaraman & Others – Respondent


Advocates appeared:
For the Appearing Parties:T.V. Ramanujam, Senior Counsel for T.V. Krishnamachari, Advocate. T.R. Mani, Senior Counsel for P.K. Sivasubramanian, Advocate, P. Chandrasekaran, Spl.Govt.Pleader, (H.R. & C.E.), S. Parthasarathi, Senior Counsel for N. Damodaran, Advocate, S. Parthasarathi, Senior Counsel for N. Damodaran, Advocate, P. Chandrasekaran, Spl.Govt.Pleader (H.R.&C.E.) T.V. Ramanujam, Senior Counsel for T.V. Krishnamachari, Advocate, T.R. Mani, Senior Counsel, for P.K. Sivasubramanian, C. Chandrabose, Advocates, T.V. Ramanujam, Senior Counsel, for S. Parthasarathy, Senior Counsel for P. Chandrasekaran, Spl.Govt.Pleader, (H.R.&C.E.) T.R. Mani, Senior Counsel for P.K. Sivasubramanian, Advocate, T.V. Ramanujam, Senior Counsel, for S. Parthasarathy, Senior Counsel.

Judgment

These appeals have been directed against the Common judgment and decree, dated 30.08.2000, made in O.S.Nos.9404, 9405 & 9257 of 1994, on the file of the V Assistant Judge, City Civil Court, Madras.

2. The averments in the plaints in O.S.Nos.9404 and 9405 of 1994 and the contentions in the written statement of Defendants 5 and 6 in O.S.No.9257/1994 are as follows:-

(a) Sri Mayuranathar alias Pamban Kumaraguru Dasar Temple, Mayurapuram, Thiruvanmiyur, Madras- 600 041, is popularly known as Pamban Swami Temple. Sri Pamban Kumaraguru Dasar, whose name was Ayyavoo, was born in between 1850 and 1852 in Rameswaram, Ramanad District. His father was Sathappa Pillai, who hailed from Pamban near Rameswaram, and his mother was Sengamalavalli of Rameswaram. This Pamban Kumaraguru Swamigal has taken to ascetic life, when he was aged 45. The said Swamigal, after completing his pilgrimage tour of several holy places, has finally settled down at Madras and died on 30.05.1929. During his lifetime Pamban Swamigal has created a Sabha by his Will dated 17.07.1926. He has also left behind a Codicil, dated 112. 1927. As per the terms of the Will, Late Pamban Swamigal formed a Sabha, namely, Mah


































































































































































































































































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