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1963 Supreme(Mad) 349

K.SRINIVASAN
P. K. Soundararaja Mudaliar – Appellant
Versus
Deputy Commissioner for Hindu Religious and Charitable Endowments, Nungambakkam, Madras – Respondent


Advocates Appeared:
T.A. Ramaswami Reddy, for Petitioner.
S. Mohan, for the Additional Government Pleader on behalf of Respondent.

ORDER

The petitioner is the hereditary trustee of Sri Chennaroyaperumal Temple Pagallpatty village. His right as a hereditary trustee is not in question. Sometime in January 1961, certain charges were framed against him and he was asked to submit his explanation within 15 days from the date of receipt of the notice. Thereafter, on 15th February, 1961, the enquiry into those charges was posted to the 22nd April, 1961, and he was asked to be present. On that date it was again re-posted to the 30th of May, 1961, and again to the 2nd of August, 1961. These adjournments were presumably for administrative reasons. On 7th July, 1961, the Deputy Commissioner purported to make an order, which is under challenge in this writ petition, placing the trustee petitioner under suspension pending enquiry into the charges and at the same time, he appointed the Executive Officer of another temple as a fit person to discharge the functions of the hereditary trustee. In this writ petition, the order so placing him under suspension and appointing a fit person is attacked as illegal and ultra vires. It is claimed that the Deputy Commissioner acted without jurisdiction, the more so for the reason that none







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