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2008 Supreme(Mad) 1623

S.TAMILVANAN
The Leigh Bazaar Merchants Association Ltd. , & Another – Appellant
Versus
The Commissioner & Others – Respondent


Advocates Appeared:
For the Petitioners:Mr. K. Doraisami, Senior Counsel, Mrs. Muthumani Doraisami, Advocate.
For the Respondents: M.R. Murugesan, Spl. G.P.

Judgment :-

This appeal has been preferred against the Judgment and Decree dated 30.04.1996 made in O.S.No.285 of 1996 on the file of the Sub-Court, Salem.

2. The appellants herein were the plaintiffs in the suit. The suit was filed against the order dated, 11.04.1986 passed by the Commissioner, H.R & C.E., Chennai, the first respondent herein in A.P.No.49 of 1982, seeking a decree for setting aside the order, and for permanent injunction, restraining the respondents herein not to interfere with the management of the affairs of the suit temple.

3. According to the appellants, the first appellant is a company incorporated under the Indian Companies Act, being managed by its Board of Directors, elected as per Rules and Regulations of the Company and represented by its elected Secretary. The first appellant has stated that the Company is a welfare organization, started for the protection and promotion of the trading interest of its members, as per its Articles and Memorandum of Association and bye laws, which provides inter alia, for the management of the affairs of the suit temple, owned by it. In the plaint, the appellants have further averred that the suit temple called "Kaliamman




































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