K.A.SWAMI, SOMASUNDARAM
K. Ekambaram – Appellant
Versus
The Commissioner, HR and CE, Administration Department, Uthamar Gandhi Road, Madras – Respondent
K.A. SWAMI, C.J.
1. The decision in Writ Petition No. 13210 of 1994 will govern the Writ Appeal No. 1324 of 1994 as the said appeal is preferred against an interim order passed in the Writ Petition in question. Hence, both the cases are heard together. The petitioners sought for quashing the order bearing No. Pro. R. Dis.51549/94 (LI) dated 15.7.1994 passed by the first respondent appointing the second respondent as the Executive Officer of the temple in question known as, Arulmigu Thirunageswaraswamy Temple, Thirunageswar am village, Kundrathur, Sriperumbudur Taluk, Chengalpattu M.G.R. District. The appellants and two others, viz., respondents-3 were appointed and trustees of the temple in question. Of course, another trustes was also appointed, but he resigned. Therefore, at present, there are only four trustees. They were appointd on 15.2.1993 for a period of there years, in exercise of the power, under Section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, hereinafter referred to as ‘the Act’. After the appointment, the administration of the temple vested in them and they were carrying on the administration of the temple. In the meanwhile, b
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