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1967 Supreme(Mad) 228

P.S.KAILASAM
The All India Sai Samaj (Registered) by its President D. Bhima Rao, Mylapore – Appellant
Versus
The Deputy Commissioner for Hindu Religious and Charitable Endowments (Administration) Department, Madras-34 – Respondent


Advocates:
M.K. Nambiar for N.A. Subramanian, for Petitioner.
T. Selvaraj, for the Government Pleader on behalf of First Respondent,
N. Panchapagesa Iyer, Advocate, for Respondents 2 to 6.

Order.-

This petition is filed by the President of the All India Sai Samaj for the issue of a writ of certiorari calling for the records of the Deputy Commissioner of Hindu Religious and Charitable Endowments (Administration) Department, Madras and to quash his order dated 8th September, 1965 in O.A. No. 30 of 1965.

The question that arises for consideration in this Writ Petition is whether the Sai Mandir, a place of worship constructed by the All India Sai Samaj is a Hindu religious institution coming within the purview of the Madras Hindu Religious and Charitable Endowments Act (XXII of 1959). The All India Sai Samaj was founded in 1941 and was registered under the Societies Registration Act in 1956. The objects of the Association are the propagation of faith in God with special reference to Sai Baba of Shirdi and His life, teachings, and mission, the diffusion of knowledge regarding Sai Baba, the arrangement of lectures, Bhajanas and Harathis for Sai Baba and the construction of buildings for the aforesaid purposes. The Memorandum of Association of the Samaj shows that the Executive Committee, on the date of its registration consisted of a Muslim member. The membership of the Sama














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