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S. SRIMATHY
Selva Rajakumar – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu, Chennai – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, declaring that the respondents 1 to 3 have no jurisdiction or power to appoint a fit person for the Thirukkan Mandagapadi private trust founded by Subbiah Nadar through a deed, dated 24.05.1912 under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
1. This writ petition is filed for Writ of Declaration to declare that the Respondents Nos. 1 to 3 have no jurisdiction or power to appoint a Fit person for the Thirukkan Mandagapadi Private Trust founded by Subbaiah Nadar through a Settlement Deed, dated 24.05.1912 under the Provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
2. The petitioner is a doctor by profession and the petitioner’s husband died on 08.11.2014. The petitioner’s husband’s great grandfather Subbaiah Nadar executed a Registered Settlement Deed, dated 24.05.1912 in Document No. 974/1912 creating private Thirukkan Mandagapadi Trust. As per the settlement deed, the Thirukkan Mandagapadi has to be established every year, during Chithra Pournami Festival in Madurai, when Lord Shri Kallazhaga
A trust serving specific individuals without public access is classified as a private trust, exempting it from the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
The main legal point established in the judgment is the inalienability of specifically endowed properties for religious purposes and the bar on alienation of Trust property under the TNHR&CE Act, 195....
The main legal point established in the judgment is that under the Tamil Nadu Hindu Religious and Charitable Endowments Act, a property dedicated for charitable activities cannot be alienated, and an....
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