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2009 Supreme(Mad) 2078

P.R.SHIVAKUMAR
N. Natesa Iyer – Appellant
Versus
The Commissioner H. R. & C. E. (Admn) Dept. & Another – Respondent


Advocates Appeared:
For the Appellant:K. Jayaraman, Advocate.
For the Respondents: R1, M.R. Murugesan, Spl. Govt. Pleader (HR & CE).

Judgment :-

These two appeals have been preferred against the common judgment and decrees of the Trial court dated 212. 1996 made in O.S.No.252/1991 and O.S.No.251/1991.

2. The circumstances under which these appeal happened to be preferred, can be briefly stated as follows:-

i) The appellant in both the appeals filed an application before the Deputy Commissioner (HR & CE), Tiruchirapalli for a declaration under Section 63(b) of the Hindu Religious and Charitable Endowments Act, 1959 that he was holding office as a hereditary trustee of Sri Vinayagar temple, Sri Pidari temple, Sri Ayyanar temple and Sri Mariamman temple at Ko-Poovanur village in Vriddhachalam Taluk, Cuddalore district. The said claim was made on the basis of his contention that the temples were founded by his forefather Chinnasamy Iyer and the management of the temple continued to vest with the members of the appellants family hereditarily from generation to generation; that the name of the appellants grand father had been inscribed on the "Thiruvachi" and that the entire 6.35 acres of land belonging to the temples continued to be in the possession and enjoyment of the appellants grand father, after his death in the







































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