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1993 Supreme(Mad) 262

ARUMUGHAM, MISHRA
Tholappa Iyengar, alias Alagar Iyengar – Appellant
Versus
The Executive Officer, Kallagar Devasthanam, Alagarkoil, Madurai – Respondent


Advocates Appeared:
For the Appellant:V. Krishnan, R. Balachander, Prabha Sridevan, T.R. Mani, V. Balasubramaniam, Advocates.
For the Respondent:R. Swaminathan, Additional Govt. Pleader, P. Narasimhan, SGSC, Bhaskaran, Additional Govt. Pleader, V. Srinivasan, Advocate.

Judgment :-

MISHRA, J.

1. These appeals have been heard together by us on a common question whether a suit under S. 70 (1) and (2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 hereinafter referred to as “the Endowments Act”, is maintainable against an order of the Commissioner, who is made a party-defendant, without a notice under S. 80 of the Code of Civil Procedure, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims. We propose accordingly to deliver a common judgment on the question of notice and deal separately with other issues in the appeals.

2. The Endowments Act, amending and consolidating the laws relating to the administration and governance of Hindu Religious and Charitable Institutions and Endowments in the State of Tamil Nadu, provides under S. 9 thereof for the appointment of the Commissioner and such number of Deputy and Assistant Commissioners to carry out the purposes of the Act, and appointment to the post of Commissioner by the Government of the State by transfer from among the members of the Madras State Higher Judicial Service o





















































































































































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