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2024 Supreme(Online)(MAD) 37945

HIGH COURT OF MADRAS
M.DHANDAPANI, J
PONNAMBALAM CHETTIAR – Appellant
Versus
THE COMMISSIONER – Respondent


Advocates:
Mr. R.Subramanian in WP No.32937/2006, Mr. T.R.Rajagopalan, SC, for M/s. S.T.Bharath Gowtham in WP No.46941/2006, Mr. N.R.R.Arun Natarajan, Spl. GP, HR & CE for RR-1 & 2, Ms. D.Kalaiselvi for R-3

COMMON ORDER

Assailing the order of the 2nd respondent in and by which the order of the 2nd respondent relating to sale of the properties, which were held to be illegal in the absence of specific sanction and approval of the authorities, as they were Kattalai properties and for appointment of Fit person by the appropriate authority under the provisions of the Hindu Religious & Charitable Endowments Act (for short ‘HR & CE Act’), while the seller had filed W.P. No.32937/2006, the buyer had filed W.P. No.46941/2006.

2. The facts in a nutshell, which are relevant for appreciation of the case of the petitioners are as under :-

It is the case of the petitioners that one Pralaya Ramalinga Chettiar Chatram is a private endowment, which was established for the performance of kattalais during certain festivals in particular temples by the family of the petitioners and their ancestors. Thereafter, by means of family partition, the properties in question, which were alleged to be in endowment to the temple, were partitioned in favour of the petitioners in W.P. No.32937/2006 and subsequent to the said partition, a portion of the properties were sold to the petitioner in W.P. No.46941/2006. Allegi

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