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1996 Supreme(Mad) 855

K.A.SWAMI, A.R.LAKSHMANAN
G. Srinivasan – Appellant
Versus
The Deputy Commissioner, H. R. & C. E. Admn. Department, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner:W.C. Thiruvengadam, Advocate.
For the Respondents: R. Subramaniam, Special Government Pleader, (H.R. & C.E.).

Judgment :-

K.A. SWAMI, C.J.

1. In this petition under Art. 226 of the Constitution of India, the petitioner has sought for quashing the order dated 5.7.1996 passed by the Deputy Commissioner, H.R. & C.E. (Admn) Department, Coimbatore, in Na.Ka. No. 7221/96/A3, appointing the Inspector, H.R & C.E. Admn. Department, Sathyamangalam to take over the affairs of the temple, known as “Sri Kannikaparameswari Temple”

2. The undisputed facts of the case are as follows:— The temple in question is governed by the Scheme framed by the Deputy Commissioner for Hindu Religious and Charitable Endowments (Administration) Department, Coimbatore on 10.4.1978 in O.A. No. 89/77-BI, under Sec. 64(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as ‘the Act’). The provisions of the Scheme are as follows:—


“1. This scheme shall come into force from the date of publication in the District Gazette of Coimhatore.

2. The temple of Sri Kannikaparameswan. Sathyamangalam Town, Coimbatore District and all the properties movable and immoveables which belong to or have been or hereafter be given dedicated or endowed thereto and acquired for the temple in general or any


















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