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2011 Supreme(Mad) 3432

T.RAJA
Minor Maruthupandi – Appellant
Versus
Seethalakshmi – Respondent


Advocates Appeared:
For the Petitioner:V.K. Vijaya Raghavan, Advocate.
For the Respondents:R1 - W.C. Thiruvengadam, Advocate, R2 & R3 - R. Kannan, Government Advocate.

JUDGMENT :-

1. The Petition is filed for a Writ of Certiorari calling for the records of the 2nd Respondent in Rc.No.11248/2003/A1 dated 04.12.2003 as confirmed by the order of the 3rd Respondent in Rc.No.AP.No.19/2003/D2 dated 06.05.2004 and quash the same as illegal, arbitrary and unenforceable.

2. The issue relates to the right to perform hereditary trusteeship and Poojari rights in the Arulmighu Pandi Muniswarar Temple situated at Melamadai Village in Madurai North Taluk. The Management of the affairs of the Temple is governed by Hindu Religious and Charitable Endowment Board’s order in B.O.No.2074.1935. In view of the Board’s order a group of five hereditary trustees are managing the affairs of the Temple. One among the five hereditary trustees is the Petitioner’s father. The case of the Petitioner is as follows:

(i) The Petitioner is the adopted son of one late Pandian Poojari who was a Joint Hereditary Trustee and Poojari for the Arulmighu Pandi Muniswarar Temple. The said late Pandian Poojari had executed a Settlement Deed on 20.10.2003 laying the line of succession and nomination to his hereditary rights and other pre-requisites available to him in favour of the Petitioner. A









































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