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1951 Supreme(Mad) 409

SATYANARAYANA RAO, RAJAGOPALAN
Devaraja Shenoy – Appellant
Versus
The State of Madras by Secretary, Legal Department – Respondent


Advocates:
M.K. Nambiar and M.L. Nayak for Petitioners.
The Government Pleader (P. Satyanarayana Raju) for Respondents.

Order.-

This application relates to Sri Venkataramana Temple, Mulki, South Kanara District and was filed by five of the trustees for the issue of a Writ of mandamus or any other appropriate writ or order directing the first respondent, the State of Madras to forbear from enforcing any of the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 against the petitioners, the Sri Venkataramana Temple and its endowments. The application was filed after the new Act came into force. The administration of this temple is governed by a scheme framed by the Sub-Court South Kanara, in O.S. No. 26 of 1915 known as the Moolky. Temple Scheme. There are certain peculiar features regarding this temple which can be gathered from the scheme framed in that suit which for convenient reference is added as an appendix to this judgment as the contentions raised turned mostly upon a correct appreciation of the principles underlying the scheme. Under the scheme the general control and the management of the affairs of the temple both secular and religious are vested in the members of the Gowd Saraswath Brahmin community, residing in Moolkypeta, i.e., the villages of Bappanad, Karnad a










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