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2009 Supreme(Mad) 3589

T.S.SIVAGNANAM
Solamuthuraja – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowment Board, Chennai – Respondent


Advocates Appeared:
For the Petitioner:S. Muthukrishnan, Advocate.
For the Respondents: R1, R2, K.M. Vijayakumar, Additional Government Pleader.

Judgment :-

By consent, the writ petition is taken up for final disposal.

2. The petitioner is aggrieved by an order passed by the first respondent under Section 45 (1) of the Tamil Nadu Hindu Religious and Charitable Endowment Act (hereinafter referred to as 'the Act'), appointing an Executive Officer in respect of the third respondent temple. According to the petitioner, his father, grand father, and great grand fathers were functioning as hereditary trustees of the temple for more than 100 years and there is one another hereditary trustee of the temple by name Thiru. Perumal Muthuraja. After the demise of the said Perumal Muthuraja his son Mr. Vaithiyalingam is functioning as the hereditary trustee. The petitioner and the said Perumal Muthuraja filed a petition under Section 69/1 of the Act before the Deputy Commissioner, Hindu Religious and Charitable Endowment Board, in O.A.No.262/1976, the said petition came to be dismissed by an order dated 21.11.1977. Aggrieved by the said order, an appeal was preferred to the first respondent in A.P.No.51 of 1978 which was allowed by the first respondent by an order dated 29.06.1981. By virtue of the said order, the petitioner and Perumal M










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