Before the Board of Commissioners for Hindu Religious Endowment
M a d r a s.
2nd day of July, 1937.
Present .M.R. Ry. A. Kondappa Garu B.A.B.L.
E.V. Sundara Reddiar Avl. M.A.B.L.
---- o0o ---
M.P. No. 24 of 1937
Ref:
(1) Board’s Order No. 3222 dated 21-12-1936 declaring the temple of Sri Vettarayaswamy- Nambalakode
(2) Petition on behalf of the Rajah of Nilambur to set aside the orders passed on 21-12=1936.
(3) Memo. Filed on behalf of the Rajah of Nilambur dated 2-7-1937.
Board’s Order No. 1453 dated 2-7-1937
This case having come on for final hearing on 2/7/37 in the presence of the Agent for the Rajah of Nilambur and none others being present either in person or by Valil on the said date, the Board after considering all the materials placed before it, passed the following:-
1. B.O. No. 3222 dated 21-12-1936 is hereby cancelled.
President Commissioner,
2-7-1937 2- 7-1937
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Total No. of words: 181
No. of words corrected: Four
Read by Sd.xxx 13.06.69
Compared by: Sd.xxx
Typed by Sd.xxx
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Office of the Board of Commissioners
for Hindu Religious Endowment Cathedral P.O. Madras.
Annexure to Board’s Orders Nos. 1452 to 1460.
1 Sri Bombaki temple Mudumalai- Gudalur Taluk, Nilgiris
2 District
3 Sri Vetturayaswmy temle- Nambalakode -do- -do-
4 Sri Paradevatha temple Chullikunnu -do- -do-
5 Sri Bhagavathiamman temple Maunguzhi -do- -do-
6 Sri Bhagavathiamman temple Puthur -do- -do-
7 Sri Eswaraswamy temple Kallingara -do- -do-
8 Sri Krishna temple Sri Madura village -do- -do-
8 Sri Veerayaswamy temple –Ayervalea
9 Sri Vettarayaswmy temle –Devala village -do- -do-
- (Sd………..)
The matter is reopened. Accepting the Memorandum filed by the agent of Rajah of Nilambur, the Vettkaramakan temple- Nambalakottu is declared as private and the other temples are declared public. The latter temples will be treated as Excepted temples.
2 The temples of Sri Vettarayaswamy at Nambalakode village Gudalur taluk, Nilgiris District, is not a temple as defined in this Act”
(Sd………)
Secretary.
Note: The annexure to this order containing the grounds of the above decision will be furnished on receipt of a copy application for the same (duly stamped with two nanas court-fees stamp) together with the copings and postal charges amounting to Rs. 0-14-0.
1. Mr. N.A Krishnan Iyer Avl., B.A.B.L, Advocate, 36, Nadu Street Madras
2. The Rahah of Nilambur, Nilambur, South Malabar .
3. Mr. C.V copy of annexure.
3.Mr. C.V. Subbrarhamanya Iyer Avl., B.A.,B.L., Advocate, No.3,Thambu
4.Copy to : The Inspector of H.R.E., for Coimbatore District, with a
copy the file of the D.T.C., Thro` No. 4
5. Copy to the file of the District Advy. Committee, Thro. No.4.
6. Copy to The Adm., section with a copy of annexure
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Typed By: Sd. Xxxx
Compared by: Sd. xxxx Read by: Sd. xxxx No of corrections: two
VERY EMERGENT
SUBRAHMANYA AYYAR,
Advocate.
3, Thambu Chetty Street
August, 27th, 1936.
M.R. Ry. K.M. Velu Chetty Avl.,
T e a c h e r,
D. B. V >E . School, Gudalur,(Nilgiris)
M.R.Ry. Melambalam Subban Chetty, Avl.,
Sri Madur Desam, Gudalur, Nilgiris.
Sirs,
I received a telegraphic Money Order for Rs. 25/- on Tuesday the 25th instant which I have credited in part payment of the balance of my fees. In spite of my personally having clearly warned you that I would be unable to work in the case without the receipt of dull fees before hand and your personally having agreed to the said term and condition, and notwithstanding three letters addressed to you and remit the entire balance of fees as well as a sum of money sufficient for the translation and typing charges of documents, you have neglected to abide by the terms. I hereby give you final notice that unless immediately on receipt of this letter the sum of Rs55/- on account of the balance of fees and another sum of Rs 35/- on account of translation and typing charges be remitted tome, I shall consider myself relieved of responsibility for any default in the preparation of the documents for hearing of he original application 229 of 1932- Sri Veetarayaswami temple which stands adjourned peremptorily to Saturday the 11th September 1936. The adjournment was made after very great difficulty, the President being very loath to adjourn the hearing of an application of year 1932. A sum of Rs. 35/- will become necessary for, the translation and typing charges because there are nearly a dozen documents some of which are long. Their preparation will take time and their study could not be undertaken before they are translated. It is therefore behoove to act quickly.
The President of the Board expressed himself against the holding the enquiry at Gudalur on the ground that the expenses to the board would be even greater than for the parties. It will therefore become necessary that two or three of the permanent Residents in the villages round about the vettakaraswami Koil in Nambalakode amsom, preferably old and preferably Canarese speaking, be persuaded to accompany you and arrive on Madras a day earlier that is to any on the 10th September 1936 s0 as to enable me to take proofs of their evidence in support of our contention not only that the Pagoda is a Public Temple but that it has been managed by Trustees selected by the public, that the lands attached to the temple are the property of the idol and not the private property of the idol and not the private property of the Nilambur Raja and that the repairs and the utsavams have been being conducted by themselves and not by the Raja. I understand from what transpired before the Board today., certain remarks that we should lead evidence on our side in support of our own position Some documentary proof of repairs and festivals at the expenses of the residents is not forthcoming then at least oral evidence should be let in. For this purpose men of age- the older the better , and status and preferably able to speak Canarese should be selected.
I must have the money for the balance of fees and for expenses on or before Wednesday the 2nd September, and I shall just then have time enough to attend the preparation of documents,
Yours faithfully,
Sd. C.V. SUBRAHMANYA AYYAR.
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C.V.SUBRAHMANYA AYYAR
Advocate
3,THAMBUCHETTY STREET
November 30th 1936.
M.R. K. M. Velu Chetty Avl.,
Teacher, Padanthora village
Devershola Post, Nilgiris.
Sir,
I append herewith a summery of the report of the Circle Inspctor dated 29-10-1936.
Out of the group of nine tempes about which he has asked to submit a separate report he states that the Vettakarami Temle is more or less a private temple and recommended to be declared such accordingly. His report about the other temples is as follows:- (1) Kallingara Temple is recommended to be declared public excepted temple to assessed to an income of Rs. 435/- per year: (2) SriMadura Temple Do. Devala Temple Do. Mudumalai Temple Do. Chullikunnu Temple Do. Mankuzhi Temple Do. Puthur Temple Do.
The Vettarayswami Temle – The Inspector reports that he visited the above temple on 22-10-1936 and that he made elaborate enquiries about its nature and he states that the temple has no inam lands; no Government Tastidk; no hundial to be collected ; no Kanikkais are collected; that the expenditure on the temple is said to amount to Rs.2012/- per year in paddy and money. The Inspector also states that there is a sign bard at the entrance to the temple and board also at the entrance to the private road restricted the free entrance of the Public into the temple; that the temple was intended to the private use and worship of the Raja and the members of his Kovilakam; and that if the public were admitted at all it is out of grace; and indulgence and not as by claim of right.
A number of affidavits sworn before the village munsif of Nellialam on 6-9-1936 were filed before him and forwarded by him to the board. They are all in Malayalam.
He has also appended with the report 16 statements,4 of which are in English and the rest in Malayalam made by various persons before the Inspector which have also been forwarded by him. The statements in Malayalam are by –persons who have also signed in Malayalalam and I regret my inability to give a summery of them in this communication. But Mr. T. Sankara Menon, Retired Inspector of Police, residing at Gudalur , (2) S. Chandrasekran Pillai, son Sadasivam Pillai, Vellala, A Panchayat Board Member f Gudalur, (3) N. Dharmaraja Iyer, Vakil, Gudalur and (4) T. Manavedan Thirumalpad, the Raja. The statements of these 4 persons are to the effect already noted.
An affidavit was also sworn before the secretary of the Board on 11-9-1936 by V. Raman Menon a clerk of the Kovilakam at Madras
I had written to you and Mr. Subban Chetty to emit monies for the ranslation of Malayalam documents and my letter have been acknowledged, but the monies have not been remitted at all although you have written that would be remitted without delay. I had told Mr. Subban Chetty and yourself in person the importance of the translation of the documents. The hearing has been adjourned to 12-12-1936 and will in all likelihood be a final hearing. It has been exceedingly award as well as difficult to ask for and obtain adjournments, on the ground of the omission or default, not of the Advocate but of the parties. I have attended on 5 separate occasions up till now although my fees were originally settled on the basis of attendance on three occasions and one more an extra if necessity arose. It will be unreasonable on your part to expect any Advocate to do more than I have done. I therefore write to you finally and hereby give you notice that unless you fulfill the terms of engagement agreed to I shall consider myself free of any more attendances before the Board, and I shall refuse to answer further correspondence unless you on your part show greater diligence and remit monies in accordance with your promise.
Yours faithfully,
Sd. C.V. SUBRAHMANIAYA AYYAR
To
The Commissioner,
Hindu Religious Endowment Board,
M A D R A S.
Respected Sir,
Ref:- O.A.229 of 1932, Sri Vettakaraswamy Temple
Nambalakode and others.
We the public and tenants most humbly beg to submit the following grievances for your honour kind consideration.
We are at information that an order was passed on 21-12-1936 declaring that the Nambalakode Temple
Enquiries only with the authorities of the Rajah of Nilambur who are enjoying the properties illegally and without any authority and justification will turn only a false information in their own interests. A public enquiry only will turn a justified real fact. The visit of the official is not notified to anybody. We are the tenants interested in the temples and temple properties and are prepared to furnish necessary information regarding the illegal enjoyment of the Rajah of Nilambur and the necessity to have the properties be managed by the Board.
We most humbly beg to request your honour to be so good as to consider this as a very special case and be good enough to depute a special officer to enquire into the matter by giving due notification to all through the village officers and advising the Secretary, Nambolakode Kudiyan Samajam, Devershola P.O.Nilgiris who will arrange the tenants to appear and give evidence of the same.
Visit of the official be notified through the village officials will help the villagers concerned to know the nature, particulars etc. of their visits.
For which act of kindness we shall ever pray.
We beg to remain, Respected Sir,
Your most obedient servants,
Gudalur,
24-5-1937
Copy submitted through the Collector the Nilgiris, Ootacamund.
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