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1965 Supreme(Mad) 365

P.S.KAILASAM, K.VEERASWAMI
N. H. M. Pandian, Zamindar of Uthumalai and hereditary trustee of Sri Navaneethakrishnaswami Temple, Veerakeralampudur, Tenkasi. – Appellant
Versus
The Deputy Commissioner, Hindu Religious and Charitable Endowments (Admn. ), Madurai – Respondent


Advocates:
V. Vedantachari, for S. Narasinga Rao and V. Srinivasan, for Appellant.
K. Venkataswami, for the Additional Government Pleader, for 1st Respondent.
K. Alagiriswami, for 2nd Respondent.

Veeraswami, J.-

This appeal under the Letters Patent is from an order of Srinivasan, J., dismissing a petition to quash an order of the 1st respondent, dated 30th March, 1963, by which he framed certain additional charges against the appellant and pending enquiry into the charges, appointed the 2nd respondent as a fit person. In making the appointment, the first respondent considered that by reason of the suspension a temporary vacancy had occurred and it became necessary to act under section 54(2) and (3). He was mindful of the claims of the eldest son of the appellant but because he was at the time only 19 years of age and was a student studying in the IX Standard, he was considered to be not capable of managing the affairs of the temple. That is how he appointed the 2nd respondent, a stranger to the family of the appellant, as a fit person to carry on the functions of the hereditary trustee. There is no dispute that the office of trusteeship is hereditary and the administration of the temple ofavaneethakrishnaswami is governed by a Scheme settled by this Court in A.S. No. 165 of 1956. The appellant contended before the learned Judge that the first respondent, acting as he did und













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