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(1963) 1 MLJ 225 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice Veeraswami
Case Number(s) : W.P. No. 172 of 1960. (12th Asadha, 1884, Saka.)
Judgement Date :
Tuesday 03rd of July 1962
| C.M. Rama Rayar | .....Appellant(s) | | Versus | | | The Deputy Commissioner, Hindu Religious and Charitable Endowments (Administration), Tanjore and another | .....Respondent(s) |
Madras Hindu Religious and Charitable Endowments Act (XIX of 1951), sections 10 (a) and 45 — Power to suspend, remove or dismiss trustee — Delegation by Commissioner to the Deputy Commissioner — Validity — Section 45 (2), roviso — Scope.
Constitution of India (1950), Article 19(1)(f) — Direction by the Deputy Commissioner to the hereditary trustee to lease out the lands in public auction — No interference with the right to hold property — Hereditary trusteeship — Is property — Article 226 — Petition for certiorari — Proceedings not in the nature of appellate jurisdiction — Quantum of punishment imposed on the trustee under section 45 of Act XIX of 1951 — Not open to correction — Points not taken up before the competent authorities — If can be allowed to be taken in proceedings under Article 226 of Constitution.
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