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1989 Supreme(Mad) 628

SRINIVASAN
Prem Anand – Appellant
Versus
The Commissioner, Hindu Religious and Charitable Endowments, Madras – Respondent


Advocates Appeared:
V. Manohar for Petr.
A. Fathimanathan, Govt. Advocate for Respts.

Judgment :-

1. The petitioners father was hereditary trustee of Sri Vengeeswarar Devastanam., Proceedings were initiated against him and he was removed from office. The petitioner being his eldest son, claimed that he was entitled to be the next hereditary trustee as per the provisions of S. 54 of the Tamil Nadu Hindu Religious and Charitable Endowments Act.

2. A fit person had been appointed earlier when the proceedings were pending as against the petitioners father. The petitioner had applied to the first respondent that he being the person entitled to succeed his father as hereditary trustee, should be appointed and no fit person should be appointed in that place. The first respondent passed an order on 15-3-1989 to the effect that the appointment of fit person was only a temporary measure which would not impinge on the right of the petitioner to succeed when the permanent vacancy arises under S. 54(1) of tne Act. The petitioner was, therefore, requested to wait till the enquiry against his father was over. After the enquiry was over and the petitioners father was removed by order of the first respondent on 24-7-1989, the petitioner sought for a direction from the first responden




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