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1957 Supreme(MP) 201

S.R.DAS, T.L.VENKATARAMA AYYAR, S.J.IMAM, A.K.SARKAR, VIVIAN BOSE
VENKATARAMANA DEVARU – Appellant
Versus
STATE OF MYSORE – Respondent


Advocates Appeared:
B.R.L.IYENGAR, C.K.DAFTARY, J.B.DADACHAN AND CO., M.L.NAIK, P.L.VOHRA, Rajindar Narain, RAMESHWAR NATH ROY, S.N.Andley, T.M.Sen

VENKATARAMA AYYAR, J.

( 1 ) THE substantial question of law, which arises of decision in this appeal, is whether the right of a religious denomination to manage its own affairs in matters of religion guaranteed under Art. 26 (b) is subject to, and can be controlled by, a law protected by Art. 25 (2) (b), throwing open a Hindu public temple to all classes and sections of Hindus.

( 2 ) IN the District of South Kanara which formed until recently part of the State of Madras and is now comprised in the State of Mysore, there is a group of three villages, Mannampady, Bappanad and Karnad collectively known as Moolky Petah; and in the village of Mannampady, there is an ancient temple dedicated to Sri Venkataramana, renowned for its sanctity. It is this institution and its trustees, who are the appellants before us. The trustees are all of them members of a sect known as Gowda Saraswath Brahmins. It is said that the home of this community in the distant past was Kashmir, that the members thereof migrated thence to Mithila and Bihar, and finally moved southwards and settled in the region around Goa in sixty villages. They continued to retain their individuality in their new surroundings, spok































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