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2012 Supreme(Mad) 2335

VINOD K.SHARMA
Audikesava Perumal Peyalwar Devasthanam, Chennai – Appellant
Versus
Commissioner, Hindu Religious & Charitable Endowments Department, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:D. Rajagopal, Advocate.
For the Respondents:R1 & R2, S. Kandaswamy, Special Govt. Pleader, R2 to R8, M. Sundar, Advocate.

Judgment :-

1. Sri Audikesava Perumal Peyalwar Devasthanam, Mylapore, Chennai, has invoked the writ jurisdiction of this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the impugned show cause notice, issued vide Na.Ka.No.8946/2011/BC dated 26.09.2011, being illegal, void and without jurisdiction.

2. The petitioner Temple is a Temple of Thengalai Persuation and comparatively an old Temple. The Temple is governed as per the scheme framed by this Court in C.S.No.593 of 1922 dated 20.11.1925, which was modified by the Hon'ble Division Bench of this Court in O.S.A.No.189 of 1926, which was again modified in O.P.No.197 of 1950 dated 19.01.1951 and confirmed in O.S.A.No.43 of 1952 dated 26.08.1954.

3. The writ petition has been filed by the present Trustees of the Temple. Thiru N.C. Sridhar is the Chairman of the Trust Board.

4. It is pleaded case of petitioner, that Officials of Hindu Religious & Charitable Endowments Department tried to exercise their powers to fill up vacancies of the Board of Trustees. The action of H.R.&C.E. department was set aside by the Court, on the ground that it was not in the interest of the Temple. The decision passed by Civ




































































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