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1960 Supreme(Mad) 206

RAJAGOPALAN, SRINIVASAN
The State of Madras by the Secretary, Revenue Department, Madras – Appellant
Versus
The Urumu Seshachalam Chettiar Charities, Tiruchirapalli, by its Board of Trustees – Respondent


Advocates:
The Advocate-General (V.K. Thiruvenkatachari) and the Additional Government Pleader (M.M. Ismail), for Appellants.
A.V. Narayanaswami Iyer, R. Venkatachalam, S. Mohankumaramangalam and S. Ramaswami, for Respondents.

Rajagopalan, J.-

This is an appeal preferred by the State against the judgment of our learned brother Balakrishna Ayyar, J., in which he held that the charitable trusts founded by Urumu Seshachlam Chettiar did not constitute Hindu Public Charitable Endowments within the scope of the Madras Hindu Religious and Charitable Endowments Act (XIX of 1951). The learned Judge directed the issue of a writ of certiorari to set aside the Notification, dated 20th September, 1957, issued by the Government under section 3 of that Act, extending the provisions of that Act to these charities. That Act has since been repealed and has been replaced by the Hindu Religious and Charitable Endowments Act (XXII of 1959). There has been no change in the relevant statutory provisions we have to consider in this appeal. We shall refer to the statutory provisions of Act XIX of 1951, and we shall refer to it as the Act in the rest of this judgment.

Paragraph 4 of the Trust deed, dated 12th November, 1952, executed by Urumu Seshachalam Chettiar provided:

“ The main objects of the Trust are:-

(a) To run Educational and Industrial Institutions.

(b) To provide facilities for poor, helpless, and deserving Hindu boys a
































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