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1960 Supreme(Mad) 337

RAMACHANDRA.IYER
S. Krishna Chettiar . . – Appellant
Versus
M. Raman Chettiar – Respondent


Advocates:
M.S. Venkatarama Iyer and M. Sundaram, for Petitioner.
The Additional Government Pleader (M.M. Ismail) on behalf of the State.
K.V. Srinivasa Iyer, for 1st Respondent.

Order.-

Sri Annadhana Vinayagar Temple at Asariar Street, Tirumangalam,. was founded by the Arya Vysya Kasukkara Chetty community of the village. Admittedly, the temple was managed by the community by electing a trustee from amongst themselves. The petitioner who has been holding office for over 30 years as trustee was presumably elected by the community to such office. There is nothing on record to show for what period a trustee elected by the community functions. The case for the petitioner is that a trustee elected by the community would be entitled to hold office for life or till removed by the community. Although the counter-affidavit filed by the Deputy Commissioner of Hindu Religious and Charitable Endowments (Administration) Department recognised that the community managed the temple by electing a trustee from time to time, it is not stated for how long a trustee elected by the community would hold office.

On 27 th December, 1957, the Assistant Commissioner, Hindu Religious and Charitable Endowments, Madurai, issued a notice to the petitioner saying that the affairs of Sri Annadhana Vinayagar temple at Tirumangalam were not managed properly and calling upon him to show cause












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