Veeraswami, C. J.- The appeal is directed against an order of Alagiriswami, J. who dismissed the appellant’s petition under Article 226 of the Constitution to forbid the Deputy Commissioner from taking steps under section 64 (5) of Madras Act (XXII of 1959) in respect of the Devarajaswami Temple at Kancheepuram. The objection that was raised before the Deputy Commissioner as to his jurisdiction to modify the scheme settled by Veeraraghava Thathachariar v. Srinivasa Thathachariar1, and modified by Wadsworth and Patanjali Sastri, JJ., in 1941, was overruled and Alagiriswami, J., thought that it was the right view to take.

The suit which led to the appeal in Veeraraghava Thathachariar v. Srinivasa Thathachariar1, was one under section 539 of the Code of Civil Procedure, 1882. But the new Code of 1908 had come into force by the time the scheme was settled by Abdur Rahim and Sundaram Aiyar, JJ., in Veeraraghava Thathachariar v. Srinivasa Thathachariar1. In that scheme, it was provided that three of the trustees for the Devasthanam should be members of the eastern branch and two of the western branch of the family of Koti Kannikadanam Sri Thatha Desikan. In 1941, Wadsworth and Patanjali S

Click Here to Read the rest of this document