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2009 Supreme(Mad) 2782

PRABHA SRIDEVAN, C.T.SELVAM
Dharma Paripalana Sabha, rep. By its Secretary A. N. Srinivasa Rao – Appellant
Versus
The Commissioner, Hindu Religious and Charitable Endowments (Admn. ) Dept. – Respondent


Advocates Appeared:
For the Appellant :K. Doraisami, Senior Counsel M/s. Muthumani Doraisami Advocate. For the Respondent: P. Chandrasekar, Special Govt. Pleader(HR & CE).

Judgment :-

PRABHA SRIDEVAN, J.

The writ appeal is preferred against the order passed by a learned single Judge of this Court dated 112. 2008 made in W.P.No.30115 of 2008.

2. The appellant/petitioner was declared as the hereditary trustee of Sri Ananthapadmanabhaswami Temple, Gandhinagar, Madras, by the order of the Deputy Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Madras-34, in O.A.No.101 of 1963 dated 23. 1964 in an application filed under Section 63(b) of the Madras Act 22 of 1959. The appellant/petitioner is aggrieved by the notice seeking to review the order dated 23. 1964 and the so-called notice of suo motu revision issued by the Commissioner, HR & CE. The learned single Judge dismissed the writ petition on the ground that it is not the case of the petitioner that the impugned notice is issued either without jurisdiction or contrary to the provisions of the Act, and therefore, this writ appeal has been filed.

3. The learned Senior Counsel appearing for the appellant/petitioner submitted that it was precisely their case that a suo motu revision is not sustainable either on law or on facts and the invocation of the power of suo motu


















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