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2023 Supreme(Mad) 3051

S. VAIDYANATHAN, K. RAJASEKAR
Kumbeswarar Koil, Kurinjipadi – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai – Respondent


Advocates:
For the Appellant :R. Gururaj, Advocate. For the Respondent: N. R. R. Arun Natarajan, Special Government Pleader.

JUDGMENT

(Prayer: Writ Appeal as against the order dated 20.10.2022 passed in W.P. No. 27971 of 2022.)

1. This Appeal has been filed challenging the order dated 20.10.2022 passed in W.P. No. 27971 of 2022, wherein this Court has dismissed the Writ Petition filed by the appellant herein. The petitioner, who claims to be a private Temple, challenging the inclusion of its name in the list of public temples published U/s. 46(1) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, hereafter referred as HR & CE Act.

2. The facts leading to filing of this appeal is brief as follows:

3. The Appellant Temple is situated at Kurinjipadi Taluk, Cuddalore district. It is 200 years old Temple, established by persons belongs to Sengundar Mudaliar community of Kurinjipadi Pazhantheru. The Temple was always under the management of the above community. In the year 1914, a suit in O.S. No. 28 of 1914 was filed by another community claiming trusteeship over the petitioner Temple and it was held, that the Temple belongs to the Sengundar Mudaliar community of Kurinjipadi. The scheme was also framed for administration of the Temple and the HR & CE was given right to appoint trustees. It was onl

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