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2008 Supreme(Mad) 1201

G.RAJASURIA
Ramachandran – Appellant
Versus
The Commissioner – Respondent


Advocates Appeared:
For the Appellants :M.S. Balasubramania Iyer, Advocate.
For the Respondents:R.1 & R.2, So. Paramasivam, Govt. Advocate R.3, S. Ramesh, V. Raghavachari, Advocates.

Judgment :-

This appeal has been filed as against the judgment and decree dated 02.12.2003 passed in O.S.No.156 of 1998 by the Sub Judge, Ramanathapuram.

2. The parties, for convenience sake, are referred to hereunder according to their litigate status before the trial Court.

3. Broadly but briefly, narratively but pithily, the case of the plaintiffs as stood exposited from the plaint could be set out thus:

(i) The plaintiffs four in number, are the hereditary trustees of the religious institution known as Sri Kandamanaparvatham in Rameswaram, as found described in the schedule of the plaint. It is a place of religious worship. One Neelakanda Sivam @ Neelakanda Iyer @ Neelakanda Joshi, the ancestor of the plaintiffs about five hundred years ago, founded it. The said founder constructed massive structure well within his property and installed the Peedam on which the sacred footprints of Lord Rama were found.

(ii) He started worshipping the Peedam and he constituted himself as Poojari cum trustee of the said institution. The plaintiffs have furnished the genealogy. As such, following the founder, his descendants namely the sons and grandsons and thereafter, the male descendants of the f






















































































































































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