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2008 Supreme(Mad) 3428

A.C.ARUMUGAPERUMAL ADITYAN
The Commissioner, Hindu Religious and Charitable Endowments Department – Appellant
Versus
V. Jegathambal & Others – Respondent


Advocates Appeared:
For the Petitioner:M.R. Murugesan, Advocate.
For the Respondent:R1 to R8, T. Murugamanickam, Advocate.

Judgment :-

1. This appeal has been directed against the decree and judgment in O.S.No.720 of 1995 on the file of the Court of Principal Subordinate Judge, Erode.

2. The short facts of the plaint relevant for the purpose of deciding this appeal are as follows:-

The common ancestor of the plaintiffs was one Vadamalai Pillai of Karungalpalayam, Erode Town. He was a pious man and was a staunch Vaishnavite. He was doing poojas at his house to his Kula Deivam Sri Venugopalaswamy. Later on he constructed a superstructure at his place and installed the deity of Sri Arulmigu Venugopalaswamy. He was doing poojas and worshipping to the said deity with his family members alone. The said Vadamalai Pillai founded the said temple for the benefit of his family alone. It is an ancient temple. He dedicated the temple for the benefit of his family. His family members alone used to come and offer poojas, worship etc. The said Vadamalai Pillai constructed the said temple out of his own funds and he did not collect any funds from outside. He was exclusively in management and control of the said temple till his death. There was no dedication of the said temple to the public. The public are not allowed to










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