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2023 Supreme(Mad) 1564

N. SATHISH KUMAR
P. G. Santhaprakash – Appellant
Versus
Joint Commissioner Hindu Religious and Charitable Endowments Department Erode – Respondent


Advocates appeared:
For the Petitioner:S.V. Karthikeyan, Advocate. For the Respondents:R1, M. Rajendran, Additional Government Pleader, R2, V. Rajeswari, Advocate.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the first respondent herein in Miscellaneous Petition No.66/2021/Aa1/dated 15.02.2023 and quash the same.)

This writ petition is filed challenging the records of the first respondent herein in Miscellaneous Petition No.66/2021/Aa1/dated 15.02.2023 and quash the same.

2. It is the case of the writ petitioner that Mr.P.G.Santhappa Poojari, petitioner''s grandfather, was originally appointed as Hereditary Trustee to the Arulmighu Gurunathsamy Temple situated at Anthiyur, vide Board''s Order No.4361 dated 08.08.1950 and subsequently, he died on 04.09.1973. His son, who is the father of the second respondent namely Mr.P.S.Santhappan, filed an application under Section 54(1) of the HR&CE Act, 1959 for appointment of hereditary trustee of the temple. Since, the other legal heirs had no objections, the application was allowed on 21.02.2007. The said Mr.P.S.Santhappan died on 12.04.2021, and after his demise, the second respondent, who is the only son of Mr.P.S.Santhappan filed an application in M.P.No.66 of 2021 under Section 54(1) to appoin

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