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2013 Supreme(Mad) 2292

K.K.SASIDHARAN
Maruthi Baktha Samajan Trust, rep. By its Trustee, R. Prabakar – Appellant
Versus
State of Tamil Nadu, rep. By its Secretary, Tourism, Culture and Religious Endowments (RE4-1) Department, Fort St. George, Chennai 9 – Respondent


Advocates Appeared:
R. Subramanian, for Petitioner A. L. Somayaji, Advocate General, Assisted by S. Kandasamy, Spl. Govt Pleader, H.R. & C.E. Department, for Respondents

ORDER

1. The legality and correctness of the order passed by the Government of Tamil Nadu, withdrawing the exemption granted under Section 4 of the Hindu Religious and Charitable Endowments Act, 1959 to the Temple established by the petitioner, is the core issue that arises for consideration in this writ petition.

Factual background :-

2. This writ petition is directed against the order in G.O.Ms.No.55 Tourism, Culture and Religious Endowment Department, dated 19 March 2013, whereby and whereunder, the exemption granted to Sri Adhivyathikara Bhaktha Anjaneya Temple, Nanganallur, founded and run by Sri Maruthi Bhaktha Samajam Trust, under Section 4 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, vide Orders in G.O.Ms.No.346 dated 1 October 2012 and G.O.Ms.No.113 dated 18 March 1996, were cancelled.

3. The petitioner is a trust formed by Tvl. S. Ramani, M. Purushothaman and K.R.V. Srinivasa Rao, for the purpose of establishing a religious institution for propogating Hindu Religious tenets and culture. The deed of Trust dated 4 February 1985 was registered before the District Registrar, Chennai South. The trust resolved to construct a temple for Lord Anjaneya in






































































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