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S. M. SUBRAMANIAM, C. KUMARAPPAN
V. Senthilnathan – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments, (Administration) Department – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.12.2019 made in W.P.No.41422 of 2016 on the file of this High Court of Judicature at Madras.
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.12.2019 made in W.P.No.43153 of 2016 on the file of this High Court of Judicature at Madras.]
The writ appeal has been instituted against the common order dated 02.12.2019 passed in W.P.Nos.41422 and 43153 of 2016.
2. The Writ Court had set aside the orders passed by the Commissioner, Hindu Religious and Charitable Endowments (Administration) Department in the revision petition and the order passed by the Joint Commissioner, Hindu Religious and Charitable Endowment Department.
3. The dispute exist for appointment of hereditary trustee in the Temple. Such disputes adjudicated and decided by the Joint Commissioner and the Commissioner of Hindu Religious and Charitable Endowments Department are amenable to the Civil Suit to be instituted under Section 70 of the Hindu Religious and Charitable Endowments Act, 1951.
4. When the Act contemplates institution of civil suit before the Competent
Disputes regarding the appointment of hereditary trustees in temples must be resolved through civil suits under Section 70 of the Hindu Religious and Charitable Endowments Act, 1951, rather than thro....
The main legal point established in the judgment is that the Civil Court has jurisdiction to decide disputes over hereditary trusteeship when there are rival claimants, and the authorities under the ....
The court affirmed the hereditary trusteeship of defendants, ruling that plaintiffs failed to prove mismanagement or entitlement to non-hereditary trusteeship under the Hindu Religious Charitable End....
The authority of the Executive Officer under Section 78 of the Hindu Religious and Charitable Endowments Act to evict encroachers is upheld, and voluntary compliance by the encroacher can lead to the....
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