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2010 Supreme(Mad) 2794

N.KIRUBAKARAN
Sri Devi Ellamman Paripalana Sangam – Appellant
Versus
The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Chennai – Respondent


Advocates Appeared:
For the Petitioner:R. Shanumugam Senior Counsel for R. Gopinath, Advocate.
For the Respondents:R1 & R2 -T. Chandrasekar, Special Government Pleader HR & CEB, R3 - Sriram for A.S. Kailasam & Association, Advocates.

Judgment :-

1. The petitioner has approached this Court challenging the order of appointment of a Fit person issued under Section 49(1) of the Hindu Religious And Charitable Endowments Act, 1959.

2. The case of the petitioner is that the petitioner Sangam is registered Sangam under the Societies Registration Act in the year 2004 in the name of "Sri Devi Ellamman Paripalana Sangam". The said Sangam has been administrating the affairs of Sri Devi Ellamman Thirukoil, Vannanthurai, Adyar, Chennai exclusively by vannan community (Dhobit Community) with the aid of their community members also and the said temple is an ancient one and the construction was made 100 years ago. It is further case of the petitioner-Sangam that it is formed to regulate the administrative affairs of Sri Devi Ellamman Thirukoil.

3. The formation of the Sangam was duly intimated to the first respondent department along with the list of Office Bearers selected by the members of the petitioner-Sangam. In the year 2008, the third respondent was nominated as the Trustee of the temple by the petitioner-Sangam and he was holding the post till 27.09.2009. Subsequently, he was removed and one E.Ramachandran has been sele





































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