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2010 Supreme(Mad) 600

P.R.SHIVAKUMAR
Srimad Essor Sathithananda Swamigal Dharma Paripalana Sabha Rep. by its Secretary K. Satchidanandam – Appellant
Versus
The Executive Officer Kosapet, Madras & Others – Respondent


Advocates Appeared:
For the Appellant :A. Venkatesan, Advocate.
For the Respondents: M.Murugesan, Spl. GP (H.R. & C.E.)

Judgment :-

1. The unsuccessful plaintiff is the appellant herein. Consequent to the appointment of the first respondent herein as the fit person to perform the functions of the Board of Trustees to the suit institution holding it to be a religious institution, the appellant/plaintiff sabha, represented by its secretary, filed an application before the second respondent/second defendant, namely the Deputy Commissioner (H.R. & C.E.), Madras in O.A.No.36/1979 under Section 63(a)(c)(d) of Tamil Nadu Hindu Religious and Charitable Endowmentss Act, 1959 praying for a declaration that the suit institution was a private society and not a religious institution coming under the purview of the Tamil Nadu Hindu Religious and Charitable Endowmentss Act, 1959 (Tamil Nadu Act XXII of 1959). The said original application, after hearing, was dismissed by the second respondent herein by an order dated 04.04.1986. As against the said order, the appellant Sabha preferred an appeal in Appeal Petition No.32/1987 before the third respondent herein/third defendant, namely the Commissioner, H.R. & C.E., Administration Department, Chennai and the same was also dismissed on 13.08.1991 confirming the order of



















































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