1957 Supreme(Mad) 35
P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
The Commissioner for the Hindu Religious and Charitable Endowments, Madras – Appellant
Versus
S. S. Janakirama Ayyar – Respondent
Advocates:
The Advocate-General (V. K. Thiruvenkata Chari) and the Government Pleader (C. A. Vaidialingam), for Petitioner.
R. Gopalaswami Ayyangar, for Respondents.
Rajamannar, C.J.-This is a petition filed by the Commissioner for Hindu Religious and Charitable Endowments, Madras, for a revision of the order of the learned Subordinate Judge, Tanjore, dated 10th October, 1952, in the following circumstances. A scheme was framed for Sri Kamakshi Amman Temple at Tanjore by the Additional Subordinate Judge of Tanjore in O.S. No. 1 of 1919. Clause (2) of that scheme provided that the management and control of the affairs of the temple and its properties shall vest in five trustees of whom two were to be elected by ballot and the three others to be appointed by the Court once in five years from among the Brahmin residents within the municipal limits of Tanjore who by their character, position, education and ability command the confidence of the community. It appears that of the three resident trustees who had been appointed by the Court two resigned in September, 1952 and the third ceased to be a trustee by efflux of time sometime in October, 1952. Thereupon applications were called for to fill up the vacancies and fifteen applications were received and from them the learned Subordinate Judge selected three. The managing trustee of the temple brough
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