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1961 Supreme(Mad) 187

S.RAMACHANDRA.IYER, RAMAKRISHNAN
Sri La Sri Subramania Desika Gnanasambanda Pandara Sannathi, Hereditary trustee of the Rajan Kattalai Sri Thyagarajaswami Koil, Tiruvarur, residing at Dharma puram, Mayuram Taluk, Tanjore District – Appellant
Versus
The State of Madras, represented by Secretary, Revenue Department, Fort St. George, Madras – Respondent


Advocates:
K. Rajah Ayyar for K. V. Venkatasubramania Ayyar and S. Nagaraja Ayyar, for Petitioner.
The Advocate-General (V. K. Thiruvenkatachari) and the Additional Government Pleader (M. M. Ismail) on behalf of the State.

Ramachandra Iyer, O.C.J.-

This is a petition under Article 226 of the Constitution for calling for the papers relating to G.O. No. 3069 (Revenue), dated 4th August, 1956, for declaring that the Amending Act IX of 1956 and the aforesaid Government Order issued thereunder are ultra vires and inoperative to the extent to which they affect the rights of the petitioner, and for the issue of a writ of prohibition or other appropriate writ directing the Commissioner of Hindu Religious and Charitable Endowments, Madras, and the officials under him to forbear from further interference with the rights of the petitioner as hereditary trustees of Rajan Kattalai pertaining to Sri Thyagarajaswarmi Temple, Thiruvarur,

In the town of Thiruvarur in the Thanjavur District there is an ancient temple noted alike for its beauty and sanctity. The presiding deity of this temple is Sri Thyagarajaswami. The peculiar feature of the temple is that apart from an allowance called the Mohini allowance, there is no other property which can now be said to be devoted for its general purposes. There are, however, a number of specific endowments or kattalais relating to the various services in the temple, its festiva






























































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