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1959 Supreme(Mad) 332

BALAKRISHNA AYYAR, SUBRAHMANYAM
Visweswaraswami and Veeraraghavaperumal Devasthanam, Tiruppur, by Trustee R. V. Easwaramoorthy Gounder – Appellant
Versus
The Collector of Coimbatore District, – Respondent


T.V. Balakrishnan and N. Vanchinathan, for Petitioner.
The Additional Government Pleader (M.M. Ismail), for Respondents 1, 9 and 10.
V. Vedantachari and A. Narayanaswami, Advocates, for the Respondents a to 4, 6 and 8.

Subrahmanyam, J.-

This is a Petition by the trustees of the Visweswaraswami and Veeraraghavaperumal Devasthanam, Tirupur, that the order passed by the District Collector, Coimbatore, on 5th September, 1957, in his Proceedings No. 5692/57-C-7, be removed to the file of this Court and the said order be quashed.

Survey Nos. 163 and 165 of Tirupur Village, which correspond to present Town Survey Nos. 902 and 899 of Tirupur Town, were granted in inam to Sri Visweswaraswami by Hyder Nawab of Srirangapatam for the performance of pooja in the temple of the Swami at Tirupur. The Inam Commissioner found that the temple was in existence and the service was being performed and that the person who was the archaka in the temple at that time was one Kumaraswami Ayyan, a minor aged five years, who was having the services performed by a gumastha called Kuppayyan. The inam was confirmed to the archaka so long as he continued the performance of the service and Inam title deed No. 1052 was issued in his name in December, 1863.

On application made by the trustee of the temple in 1956, the Sub-Collector of Pollachi found, after enquiry held by him as Collector under section 35 (2) (a) of Madras Act, XXX o




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