LAKSHMI AMMAL Vs. THE COMMISSIONER, H.R. & C.E. DEPARTMENT, ADMINISTRATION DEPARTMENT, NUNGAMBAKKAM HIGH ROAD, MADRAS,

JUDGEMENT

(1.) This writ petition is filed against the order passed by the Commissioner, H.R. & C.E., Chennai under his appellate jurisdiction under Sec. 69 of the H.R & C.E Act, 1959 (hereinafter called "the Act").

(2.) The following factual matrix would be necessary to understand the controversy.

(3.) The present respondents 3 to 8, who claim to be devotees of Pandurangaswamy, came up with an application registered as O.A.7/89 before the Deputy Commissioner, H.R. & C.E. Two of these persons were the plaintiffs in the earlier suit. This application came to be dismissed on 21.5.1991 by the Deputy Commissioner holding that the application was not tenable as there was no property settled and that there was no religious activity going on. An appeal came to be filed before the Commissioner, H.R & C.E under Sec. 69, which appeal came to be allowed. The appellate authority, whose order is impugned before me in this writ petition came to the conclusion that there was an endowment made in the year 1927 and that the Deputy Commissioner was incorrect in holding that it was not treated as a completely dedicated property. He came to the conclusion that the original settlement deed dated 6.9.1927 was a complete settlement deed in itself, wherein the property was settled totally in favour of the deity of Pandurangaswamy. Therefore, it had to be taken as a complete dedication. It is this order, which has been challenged before me by way of the present writ petition.