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2008 Supreme(Mad) 1183

S.TAMILVANAN
E. Srinivasaraghavan – Appellant
Versus
The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai & Others – Respondent


Advocates Appeared:
For the Appellant:S. Parthasarathy, Senior Counsel, A.S. Narasimhan, Advocate.
For the Respondents:R1 & R2, T. Chandrasekaran, Special Government Pleader, R. Murugesan, Government Advocate for H.R. & C.E., R3, V. Rangarajan, R4 & R5, V.T. Gopalan, Senior Counsel, K.V. Ananthakrushnan, R6, S. Balasubramanian, Advocates.

Judgment :-

1. This Appeal has been directed against the judgment and decree, dated 12. 1997 made in O.S. No.106 of 1993 on the file of the Subordinate Judge, Kanchipuram.

2. The appellant herein was the plaintiff in the Suit before the Trial Court. The Suit was filed under Section 70 of the (Tamil Nadu) Hindu Religious and Charitable Endowments Act (herein after referred to as Act), seeking a decree to set aside the order, dated 8. 1991 of the first respondent made in S.M.R. No.8/91 and to declare that there is no custom and usage to confer Sri Saari honours to Sri Manavala Mamunigal in Alwar Prakaram of Sri Devarajaswami Temple, Kancheepuram, on the third day of Brahmotsavam, during the Tamil month of Vaikasi from time immemorial.

3. Considering the oral and documentary evidence available on record and the arguments advanced by both sides, the Trial Court held that the appellant herein is not entitled to the relief sought for and accordingly, the Suit was dismissed with costs. Aggrieved by which, this Appeal has been preferred by the plaintiff in the Suit. According to the appellant, there is merger of the order, dated 6. 1990 and 8. 1991, as per the evidence available on record a













































































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