The State Government passed G.O.Ms. No. 2773, Home, dated 3rd October 1958 extending the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 to Odacheri Chatram and Water Pandai Charity at Odacheri Village in Tiruthuraipundi Taluk. The Notification to that effect followed certain findings by the State Government on charges of improper administration of the endowment. The petitioner instituted O.S. No. 250 of 1959 on the file of the Court of the District Munsif at Tiruthuraipundi for a declaration that the Notification was without jurisdiction. The suit was dismissed in June, 1960 and the appeal arising therefrom also failed on 21st August, 1961. It appears, a Second Appeal, which was filed, was dismissed by this Court even at the admission stage. This petition was filed in January, 1962, apparently after disposal of the Second Appeal, to quash the Notification.

The Notification was made by the State Government in exercise of powers vested in it by section 3 of the Madras Hindu Religious and Charitable Endowments Act, 1951. That Act, by section 6(4) defined "Charitable endowment" to mean all property given or endowed for the benefit of, used as of rig