High Court rejects bid to restrict Sri Thandayuthapani Temple membership
Justice Gan Techiong says the original trust deed did not limit the election of board members to Nattukottai Chettiars who belonged to kittangis on Jalan Ampang.
The High Court in Kuala Lumpur has ruled that the Sri Thandayuthapani Temple in Sentul is open to all Nattukottai Chettiars conducting business in the city, rejecting an attempt to limit membership to six specific groups. Justice Gan Techiong declared null and void a supplementary trust deed from 2021 that aimed to control the temple's board of trustees.
The judge emphasized that the temple is a public charitable trust governed by a 1954 deed, stating there was no restriction on board member eligibility based on the Chettiars' traditional business associations. The plaintiffs, eight Nattukottai Chettiars, were denied membership due to their attempts to pay subscription fees, known as Magamai.
The court ordered the six existing groups to open their membership to all eligible Nattukottai Chettiars, subject to payment of the required fees, and admitted the plaintiffs to any group of their choice. The plaintiffs' request for receivership or a provisional committee was denied, as the court deemed it equivalent to appointing a receiver for the temple. Each party is responsible for their own legal costs.
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