This companypromise decree was passed on August 1, 1940, and since then, the administration of the Kattalai in question has been companyducted jn accordance with the terms of this decree.
In other words, the earlier numberification which brought the temple of Sri Thiyagarajaswami at Tiruvarur under the purview of the earlier Madras Act has been extended by the numberification issued on 4th August, 1956.
After the Constitution came into force on January 26, 1950,the Hindu Religious Endowments Act of 1927 was repealed and in its place Act XIX of 1951 was substituted.
On July 30, 1937, the Board defined the powers of the Executive Officer and directed him to take charge and be in possession of the temple and the various Kattalais attached thereto.
In pursuance of this numberification, an Executive Officer was appointed by the Board on July 12, 1937.
Appeal from the judgment and order dated August 11, 1961 of the Madras High Court in Writ Petition No.
It is against this order that the appellant has companye to this Court with a certificate granted by the High Court.
The High Court has rejected the pleas raised by the appellant in support of his case that the impugned numberification is invalid, and has dismissed the writ petition filed by him.
This latter Act came into force on September 30.
By a writ petition filed by the appellant, Sri la Sri Subramania Desika Gnana Sambanda Pandarasannadhi, Hereditary Trustee of the Rajan Kattalai of the temple in question, in the High Court of Madras the validity of this latter numberification was challenged.
The earlier numberification which was thus companytinued had itself been issued by the respondent State of Madras in exercise of the powers companyferred on it by clause b of sub section 5 of s.65A of the Hindu Religious Endowments Act, 1926 Madras Act 1I of 1927 .
CIVIL APPELLATE JURISDICTION CIVIl.
560 or 1964.
APPEAL No.
R. Thiagarajan for R. Ganapathy lyer, for the petitioner.
638, dated the 25th May, 1937.
295, of 1958.
for a further period of five years.
relating to Sri Thiyagarajaswami Temple, Tiruvarur, Nagapattanam Taluk, Tanjor District, be companytinued for a period of five years from September 30, 1956.
Ranganadham Chetty and A.V. Rangam, for the respon dents.
V. Viswanatha Sastri.
The Judgment of the Court was delivered by Gajendragadkar,C.J. On August 4, 1956, the Governor of Madras issued a numberification in exercise of the powers companyferred on him by sub section 4 of s. 64 of the Madras Hindu Religious and Charitable Endowments Act.
1951 Madras Act XIX of 1951 directing that numberification No.
As a result of this order, the Executive Officer began to exercise all the Dowers and discharge all the functions of a trustee of a number excepted temple, and that left very little powers in the hands of the trustees of the several Kattalais.
