GOPINATHAN Vs. RAMAN

JUDGEMENT

(1.) Whether the suit filed under S.62(2) of the Madras Hindu Religious and Charitable Endowments Act, 1951, Act 19 of 1951 (for short "the Act") would tantamount to an appeal filed against the order passed by the Commissioner under S.61 of the Act is inter alia the question that has come up for consideration in this case

(2.) Appellants herein were defendants 1 to 5 in O.S.No.107 of 1999. They filed O.S. No.1 of 1990 before the Deputy Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, filed application for a declaration that Sree Kannenkavu Bhagavathy temple is a public religious institution within the meaning of S.57(a) of the Act and also for framing scheme for administration of the temple. The Deputy Commissioner by his order dated 5.1.1993 allowed the application on the following reasoning.

(3.) First respondent preferred an appeal to the Commissioner under S.61 of the Act. The Commissioner rejected the appeal and held as follows: