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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
D. Thirupathy – Appellant
Versus
Mariappan, Joint Commissioner, HR & CE Department, Madurai – Respondent
| Table of Content |
|---|
| 1. overview of the nacharammal kattalai trust and history of litigation. (Para 1) |
| 2. removal of trustee for misappropriation of endowment property upheld. (Para 2) |
| 3. writ petition dismissed as infructuous due to passage of time. (Para 3) |
| 4. guidelines for appointment of trustees and management of temple properties. (Para 4) |
| 5. exhaustion of alternate remedies and resolution of contempt proceedings. (Para 5 , 6) |
ORDER :
D. BHARATHA CHAKRAVARTHY, J.
A. The Common Facts :
1.1. All these Writ Petitions relate to 'Nacharammal Kattalai', a religious endowment connected to Arulmigu Koodalazhagar Temple, Madurai and as such are taken up and disposed of by this common order.
1.2. The prayers in each of the Writ Petitions are different and have to be dealt with individually as per merits. However, certain background facts are common, which may be noted and are as follows:
1.3. By a duly registered document dated 20.03.1923, an endowment was created by three persons viz., (1) Nacharammal @ Vellaiammal, (2) Ammapillai @ Rakkaye Ammal and (3) Seeniammal @ Andathaiammal. Upon perusal of the document, it can be seen that one Ponnusankaran Pillai married one Ammakutty ammal as his first wif
The appointments of Hereditary Trustees were made on an ad-hoc basis, and the relief sought could not be granted until the disposal of the pending writ petition and the order of appointment of the si....
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
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 appointment of Non-Hereditary Trustees without verifying the existence of a Hereditary Trustee and failing to follow statutory notification procedures is illegal.
The entitlement of a hereditary trustee is determined by the donor's intention, purpose of endowments, and the original settlement deed, while also considering the provisions of the Tamil Nadu HR & C....
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