S MARIMUTHU Vs. COMMISSIONER HINDU RELIGIOUS AND

JUDGEMENT

(1.) HEARD both sides and perused the records.

(2.) THIS writ petition raises two interesting questions of law. They are:- (i) Whether the Commissioner or any of his subordinates can decide the question of right to the office of trusteeship on the basis of a Will left by a testator?. and (i) Whether the meaning of the term acting "adverse to the interest of the institution" as found in Section 26(1)(h) of the Tamil Nadu Hindu Religious Charitable and Endowments Act (for short HR&CE Act) will include all institutions or only the particular institution concerned?

(3.) THE Arulmighu Mariamman Temple at Iruggangudi is a listed institution under the control of HR&CE Board. THE administration of the temple is governed by a scheme framed by the then HR&CE Board, dated 04.05.1935. THE said Scheme was modified by the Deputy Commissioner HR&CE in O.A.No.9/55 dated 31.05.1955 by which a provision for appointment of an Executive Officer was made.