History of the Sri Anggalaman Temple,
Gajah Berang and Land TA 5 Lot 94 & Lot 118
By Mr. S.Vengadesan Naiker PBM Hon.
Secretary SPVM Temple
28th February 1982
INTRODUCTION
BACKGROUND
ASSETS
The term SPVM Temple encompasses several pieces of land and buildings in the town area of Malacca :-
SCHEDULE OF LANDS:
No. Town area Lot No. Area.
SCHEDULE OF TEMPLES:
i) Sri Poyatha Moorthi Temple at Temple Street,
ii) Sri Muthu Mariamman Temple at Gajah Berang,
iii) Sri Kailassnathar Temple at Gajah Berang
iv) Sri Anggalaman Temple at Gajah Berang
And also all the other open air temples (grammangal kovil )
v) Sri Dharmaraja Temple
vi) Sri Kaliamman Temple
vii) Sri Ayernar Temple
vii) Sri Amman Temple
viii) Sri Kathaiamman Temple and
ix) Sri Linggadariamman Temple
ANNUAL RELIGIOUS CEREMONY
POWER OF ATTORNEY
ORIGINAL GRANTEE
LETTER OF ADMINISTRATION
(Appendix 1)
LETTERS OF ADMINISTRATION taken from original
“Be it KNOWN that at the date hereunder written Letters of Administration of all and singular the Goods, Chattels, and Effects of Lachumanan Nyker, late of Malacca deceased, (left unadministered by Seiseyan Nyker and Andayapa Nyker since deseased) who died in the year 1853 at Gajah Berang in Malacca aforesaid.
Interstate locally situated within the Ecclesiastical Jurisdiction of the Supreme Court, were granted Lachumanan Nyker a person of the Interstate, he having been first sworn well and faithfully to administer the same by paying his just debts and distributing the residue of such estate and effects according to law and to exhibit a true and perfect inventory and under a just account of his administration unto the said Court whenever required by law so to do of the said account of the said …………………… Wherein it is shown that estate has been delivered. Gross value of the said estate amounts to $ 327. 50 and no more.”
Date issue: 30 October 1904 Dated 6th day of June 1904
________________ ______________________
Signed Signed
Asst Registra Asst. Registra
POWER OF ATTONEY
(Appendix II)
TO ALL TO WHOM these presents shall come I, Lechmena Nyker of Gadja Berang, Malacca, Trustee of the Angalamen Koil at Gadja Berang, Malacca, sending greeting:-
Whereas since the 6th day of June 1904 I have been trustee of the Hindoo Temple called “Angalamon Koil” situate at Gadja Berang, Malacca, and in such capacity I have managed all the property belonging to the said Temple and have also collected all the rents and profits derivable from the property of the said temple.
AND WHEREAS I have now ceased to act as such trustee as aforesaid and am desirous of delegating all my powers and duties as such trustee as aforesaid to Layna Chelong Pillay, Layna Anamalai Chitty, Dasua Chitty and Chona Tamby Pillay all of Tranquerah, Malacca, Trustees of the Hindu Temple, “Estree Pooyada Venaigar Moortee” at Goldsmith Street, Malacca (hereinaftercalledTrustees)
NOW THEREFORE KNOW YE that for the purpose aforesaid I the said Lechmena Nyker hereby irrevocably appoint the Trustees and any one or more of them or their successors or successor in office, my attorneys and attorney for me and in my name as the Trustee of the said “Angalamen Koil” to do all or any of the following acts and deeds.
1. To conduct, transact and manage all matters and things whatsoever, relating to or in anywise concerning the execution of the said trust property belonging to the said Hindoo Temple Angalamen Koil and for that purpose to settle and sign and seal and deliver all such acts deeds releases or instruments as they or the survivor of them or their successors or successor in office or the survivor of them shall deep necessary or expedient in that behalf.
2. To receive and give receipts for every sum of money whatsoever which now or hereafter may be due to the said Temple “Angalamen Koil”
3. To distrain for all rents and arrears of rent which may be due to the said Temple and generally to do and perform all such other acts deeds matters and things as shall be in anywise deemed necessary or expedient to be done in or about the execution of the aforesaid trust or any of them.
AND I the said Lechmena Nyker hereby agree to ratify and confirm whatsoever the Trustees shall lawfully do or cause to be done in or about the premises by virtue of those presents.
AND I declare that the power hereby conferred shall be irrevocable.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal at Malacca this 13th day of December One thousand nine hundred and seventeen ( 1917)
SIGNED SEALED and DELIVERED by the said Lechmena Nyker
_______________________
signed
In the presence of E.M. Tozer Solicitor, Malacca.
_______________________
signed
Registered in the Registry of the Supreme Court Malacca. Entrusted No. 139 of 1917 Original deposited into Registry of Supreme Court Malacca.
________________________
signed
Registrar Supreme Court Malacca
After this agreement another separate agreement was signed between the said Trustees and Mr Lechmena Nyker which is self explanatory. LOT 118 was leased to him for 10 years.
" WE the undersigned Layna Chalong Pillay, Dasua Chitty, Layna Annamalai Chitty and Chona Tamby Pillay, Trustees of the Estree Pooyada Venaigar Moortee Temple at Goldsmith Street, Malacca, do hereby agree to lease to Lechemena Nyker of Gaja Berang, Malacca for a period of ten years from the date hereof all that portion of land situate at Tranquerah Land Grant No. 1179 dated the 1st May 1888 and containing an approximate area of 2856 square foot and on which stands the premises known as No. Gadja Berang Malacca. The said land being part of the Trust property known as the Angelamen Kovil. The rent payable by the said Lechemena Nyker for the occupation of the said portion of land shall be at fifty cents per annum payable on the 1st day of December of every year. The first payment thereof shall be made on the 1st day of December 1917.
Dated this 13th day of December 1917
Witnesse signed Layna Chalong Pillay, ____________________
Dasua Chitty, ____________________
Layna Annamalai Chitty _____________________
and Chona Tamby Pill _____________________
Trustees of the Estree Pooyada Venaigar Moortee Temple
at Goldsmith Street, Malacca ”
NYKER / NAICKER / NAIKER FAMILY TREE
Mr.Seseiyan Nyker
Mr Adayapa Nyker
sons below
1. Mr Lachumana Nyker and (wife) name unknown
Daughter below
1. Md L. Meenachi and husband Mr. Subramaniam Pathair
2. Mr.Bandasa Naiker and wife Md. Kathai Pathair (wife )
they had 4 children below
1. Mr.B.S.Naiker
2. Md.Kamachi
3. Md .Anggamah
4. Mr Perumal Naiker
CONCLUSION
Vanakkam,
Thank you.
S.Vengadesan Naiker PBM
A well wisher of this historical community.
Gajah Berang and Land TA 5 Lot 94 & Lot 118
By Mr. S.Vengadesan Naiker PBM Hon.
Secretary SPVM Temple
28th February 1982
INTRODUCTION
The intention in writing this is purely to inform the present and future generations of our members, the many historical aspects in our community. Many in the community, especially the younger generation do not know the historical background relating to certain temples and its properties or the way properties were acquired and included into the SPVM Temple trusteeship.
BACKGROUND
I like to touch on the history of the Sri Angglamman Temple situated at Gajah Berang which is one of the riches temples of the Melaka Chetty Community. The temple’s possession includes the pieces of land on TA 5, Lot 94 and Lot 118. On these two pieces of land stand most of the houses of our community. In the past our community managed, administered and performed numerous ceremonies at the various temples, the same way it does today. However, 85 years ago, before 13th of December 1917, the Sri Anggalamman Temple and the land TA 5, LOT 118 & LOT 94 was managed separately by my ancestors, the “Nyker / Naicker/ Naiker” family and did not come under the Sri Poyatha Venayagar Moorthi Temple banner (SPVM Temple). In the past only a few elders in our community know the circumstances related to the change over of trusteeship of this temple. It is understandable why many would like to suppress and silence this fact, for obvious reasons known to them.
ASSETS
The Melaka Chitty Community was and still is organised under the Sri Poyatha Venayagar Moorthi Temple (SPVM Temple) banner, under which all the other temples, buildings and landed properties are incorporated.
The term SPVM Temple encompasses several pieces of land and buildings in the town area of Malacca :-
SCHEDULE OF LANDS:
No. Town area Lot No. Area.
SCHEDULE OF TEMPLES:
i) Sri Poyatha Moorthi Temple at Temple Street,
ii) Sri Muthu Mariamman Temple at Gajah Berang,
iii) Sri Kailassnathar Temple at Gajah Berang
iv) Sri Anggalaman Temple at Gajah Berang
And also all the other open air temples (grammangal kovil )
v) Sri Dharmaraja Temple
vi) Sri Kaliamman Temple
vii) Sri Ayernar Temple
vii) Sri Amman Temple
viii) Sri Kathaiamman Temple and
ix) Sri Linggadariamman Temple
ANNUAL RELIGIOUS CEREMONY
The annual prayer of the Sri Anggalammen Temple was carried out by the Nyker / Naicker / Naiker family and their relatives. They also invited all the Melaka Chetty Community members to participate in all the prayer ceremonies. The two brothers Mr. Lechumana Nyker and Mr. Bandasa Naiker were not rich. They struggled to maintain the temple and the properties. They often had disagreement over financial matters and could not meet the expenses in running the said temple. The estate was a family inheritance and not the personal property acquired by Mr Lachumana Nyker. His only younger brother was Mr.Bandasa Naiker who had equal legal right to administer the estate in the event of Mr Lechumana Nyker passed away.
The trustees of the SPVM Temple then were Mr. Layna Chalong Pillay, Mr. Dasua Chitty, Mr. Layna Annamalai Chitty and Mr. Chona Tamby Pillay. Being leaders of the Melaka Chitty community, they would have approached and advised the late Mr Lechumana Nyker, that to lighten his financial burden of running the Sri Anggalaman Temple, it would be wise to hand over the management of the said properties to the SPVM Temple, which had the money and the capacity to meet all the expenses in running these temples.
Whether the intentions of the trustees then, were genuine or a ploy is left to history and the individual to think. Mr. Lechumana Nyker was an uneducated man doing some minor job, while some of the trustees then were clerks at the lawyer office of Rogers & Sons, teachers and businessmen. It is indeed ridiculous that Mr. Lechumana Nyker who had sole jurisdiction over the said estate, would unwittingly hand it over to the SPVM Temple trustees, losing all authority, control and rights to the estate for himself and all his descendents. This was an ill-advised and a misguided action.
POWER OF ATTORNEY
To their suggestions, he foolishly agreed and gave away Power of Attorney of the Sri Anggalammen Temple and its properties to the SPVM Temple Trustees to manage on the 13th of December 1919. On the same date he also entered into a separate agreement with the same SPVM Temple trustees, to allow him a 10 years lease of the land Lot 118, where his house No. 2, Kampong Tujoh stood. Just 2 years after the PA was signed he passed away in 1919. It should be noted that he only gave the Power of Attorney to manage and administer the properties. He did not sell them or give it away. Power of Attorney can be given to a second party; however, the P.A. becomes invalid and ceases to be effective when the second party ceases to exist.
ORIGINAL GRANTEE
The word “original grantee” means that the late Mr Seseiyan Nyker was the person to whom the land was legally transferred. In an official search made at the Department of Land & Mines, it is noted that on the 1st of May 1888 these two pieces of land were registered under Mr Seseiyan Nyker who died “interstate”, at Gajah Berang. Legally speaking, “interstate”, means that he did not leave any Will for his next of kin to administer his properties or estate. His next of kin the late Mr Andayapa Nyker probably took over managing the said properties; unfortunately he did not take legal steps to transfer the title to the current owner.
LETTER OF ADMINISTRATION
LETTER OF ADMINISTRATION ( L.A.) can be applied only by the next of kin, through a court when the property of a deceased person is left unadministered. However, it is entirely different from POWER OF ATTORNEY ( P.A.) where relationship does not matter. Any person with vested interest in the matter can legally apply in court for it.
Since there was no legal Will left behind by his predecessors who died instate, and after a lapse of several years, LETTER OF ADMINISTRATION was applied by the next of kin and grandson Mr. Lechumana Nyker on 6th of June 1904, in the Supreme Court of the Straits Settlement, Malacca, under the British Administration. These names appeared in the original Letter of Administration Ecclesiastical 1904 No 24. Mr. Lechumana Nyker being the elder grandson (Mr. Bandasa Naiker was the younger) , took the legal step of applying for L.A.
In the certificate (Appendix IV ) of the official search made at the land office, the properties were all along registered in the name of Seseiyan Nyker dated 1.5.1988 and no changes were ever made by the next of kin, even though they had the L.A. by the supreme court. It was because of ignorance and no knowledge of land code procedures; they never bothered to change the name. Only after 74 years, that is the 5th of September 1962 when the Trust Deed of the SRI POYATHA VEENAYAGAR MOORTHI TEMPLE was officially made by the law firm Messers Sault & Co., the land was legally transferred.
Sri Anggalammen Temple and LOT 118, LOT 94 were legally included as the properties of the SPVM Temple. The late Mr Bandasa Naiker or his son, the late Mr. Sithambaram Naiker could have obtained legal action to wrest control and continue the line of trusteeship of the Sri Anggalamman Temple and its estate, separate from the SPVM Temple. They did not do so. It was a sacrifice for the family and a benefit for the community.
(Appendix 1)
LETTERS OF ADMINISTRATION taken from original
“Be it KNOWN that at the date hereunder written Letters of Administration of all and singular the Goods, Chattels, and Effects of Lachumanan Nyker, late of Malacca deceased, (left unadministered by Seiseyan Nyker and Andayapa Nyker since deseased) who died in the year 1853 at Gajah Berang in Malacca aforesaid.
Interstate locally situated within the Ecclesiastical Jurisdiction of the Supreme Court, were granted Lachumanan Nyker a person of the Interstate, he having been first sworn well and faithfully to administer the same by paying his just debts and distributing the residue of such estate and effects according to law and to exhibit a true and perfect inventory and under a just account of his administration unto the said Court whenever required by law so to do of the said account of the said …………………… Wherein it is shown that estate has been delivered. Gross value of the said estate amounts to $ 327. 50 and no more.”
Date issue: 30 October 1904 Dated 6th day of June 1904
________________ ______________________
Signed Signed
Asst Registra Asst. Registra
POWER OF ATTONEY
ON the 13th of December 1917, after 13 years Mr. Lechumana Nyker had administered the said land and the Sri Anggalamen temple, he was persuaded to give POWER of ATTONEY to Trustees of the Sri Poyatha Venayagar Moorthi Temple. The agreement was prepared by Rogers & Sons, solicitors in Malacca.
Below is the POWER OF ATTONEY agreement made between Mr. Latchumana Nyker on the one part and Mr.L.Chalong Pillay, Mr. L.Annamalai Chitty, Mr. Dasuah Chitty and Mr. Chona Tamby Pillay as Trustees of the Sri Poyatha Venayagar Moorthy Temple, on the other part.
(Appendix II)
TO ALL TO WHOM these presents shall come I, Lechmena Nyker of Gadja Berang, Malacca, Trustee of the Angalamen Koil at Gadja Berang, Malacca, sending greeting:-
Whereas since the 6th day of June 1904 I have been trustee of the Hindoo Temple called “Angalamon Koil” situate at Gadja Berang, Malacca, and in such capacity I have managed all the property belonging to the said Temple and have also collected all the rents and profits derivable from the property of the said temple.
AND WHEREAS I have now ceased to act as such trustee as aforesaid and am desirous of delegating all my powers and duties as such trustee as aforesaid to Layna Chelong Pillay, Layna Anamalai Chitty, Dasua Chitty and Chona Tamby Pillay all of Tranquerah, Malacca, Trustees of the Hindu Temple, “Estree Pooyada Venaigar Moortee” at Goldsmith Street, Malacca (hereinaftercalledTrustees)
NOW THEREFORE KNOW YE that for the purpose aforesaid I the said Lechmena Nyker hereby irrevocably appoint the Trustees and any one or more of them or their successors or successor in office, my attorneys and attorney for me and in my name as the Trustee of the said “Angalamen Koil” to do all or any of the following acts and deeds.
1. To conduct, transact and manage all matters and things whatsoever, relating to or in anywise concerning the execution of the said trust property belonging to the said Hindoo Temple Angalamen Koil and for that purpose to settle and sign and seal and deliver all such acts deeds releases or instruments as they or the survivor of them or their successors or successor in office or the survivor of them shall deep necessary or expedient in that behalf.
2. To receive and give receipts for every sum of money whatsoever which now or hereafter may be due to the said Temple “Angalamen Koil”
3. To distrain for all rents and arrears of rent which may be due to the said Temple and generally to do and perform all such other acts deeds matters and things as shall be in anywise deemed necessary or expedient to be done in or about the execution of the aforesaid trust or any of them.
AND I the said Lechmena Nyker hereby agree to ratify and confirm whatsoever the Trustees shall lawfully do or cause to be done in or about the premises by virtue of those presents.
AND I declare that the power hereby conferred shall be irrevocable.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal at Malacca this 13th day of December One thousand nine hundred and seventeen ( 1917)
SIGNED SEALED and DELIVERED by the said Lechmena Nyker
_______________________
signed
In the presence of E.M. Tozer Solicitor, Malacca.
_______________________
signed
Registered in the Registry of the Supreme Court Malacca. Entrusted No. 139 of 1917 Original deposited into Registry of Supreme Court Malacca.
________________________
signed
Registrar Supreme Court Malacca
After this agreement another separate agreement was signed between the said Trustees and Mr Lechmena Nyker which is self explanatory. LOT 118 was leased to him for 10 years.
" WE the undersigned Layna Chalong Pillay, Dasua Chitty, Layna Annamalai Chitty and Chona Tamby Pillay, Trustees of the Estree Pooyada Venaigar Moortee Temple at Goldsmith Street, Malacca, do hereby agree to lease to Lechemena Nyker of Gaja Berang, Malacca for a period of ten years from the date hereof all that portion of land situate at Tranquerah Land Grant No. 1179 dated the 1st May 1888 and containing an approximate area of 2856 square foot and on which stands the premises known as No. Gadja Berang Malacca. The said land being part of the Trust property known as the Angelamen Kovil. The rent payable by the said Lechemena Nyker for the occupation of the said portion of land shall be at fifty cents per annum payable on the 1st day of December of every year. The first payment thereof shall be made on the 1st day of December 1917.
Dated this 13th day of December 1917
Witnesse signed Layna Chalong Pillay, ____________________
Dasua Chitty, ____________________
Layna Annamalai Chitty _____________________
and Chona Tamby Pill _____________________
Trustees of the Estree Pooyada Venaigar Moortee Temple
at Goldsmith Street, Malacca ”
NYKER / NAICKER / NAIKER FAMILY TREE
Mr.Seseiyan Nyker
Mr Adayapa Nyker
sons below
1. Mr Lachumana Nyker and (wife) name unknown
Daughter below
1. Md L. Meenachi and husband Mr. Subramaniam Pathair
2. Mr.Bandasa Naiker and wife Md. Kathai Pathair (wife )
they had 4 children below
1. Mr.B.S.Naiker
2. Md.Kamachi
3. Md .Anggamah
4. Mr Perumal Naiker
From the chart Mr. Lachumana Nyker had only one child, a daughter named Md. Meenachi and Mr Bandasa Naiker had four children namely Mr. B.S.Naiker, Md Kamachi, Md. Anggamah And Mr Perumal Naiker. All these people are deceased; however the descendants are still around.
It was unbelievable that the late Mr Lechmena Nyker could have sign away something which he inherited from his ancestors and was in his power and authority to manage. He must have been persuaded by dubious means by the SPVM Temple Trustees then.
Only in 1962, a proper Trust Deed was done where these landed properties were registered under the management of the Sri Poyatha Venayagar Moorthy Temple. This agreement could have been challenged by the family concerned. While at one time it had been a Nyker family concern, today it has become the community’s property. There is so much of sacrifice done by the Naiker family for the Malacca Chetty Community.
It was commendable and praiseworthy that action was taken to do a proper TRUST DEEDS for the Melaka Chetty Community by the law firm Sault & Co. on 5th of September 1962 and only from this time onwards all the properties under various individuals were legally transferred and included into the SPVM Temple. These properties were held in trust, by the late Mr. A Rethnasamy Pillay, the late Kunia Pillay and Mr Babok Thambayah Pillay, all trustees of the SPVM Temple and the Malacca Chetty Community at that time.
CONCLUSION
If members look back a few years ago, during the term of Trustees like M.K.L.Chitty, Mr. T.C. Pillay, Mr. M.T.Pillay, Mr.M.Gurusamy, Mr. Kunia Pillay and even my father Mr. B. Sithambaram Naiker, there was always conflict and disagreement, no matter who was the trustee. Even now the struggle is on and many beneficial undertakings, which should be done for the interest of the community, is either not done or is being opposed. If we analyse and observe carefully, reflecting on past actions of some members, they are always a few who will always oppose whatever good that is done. This way the Malacca Chetty Community as a whole will never improve and progress forward. We will be left behind while other communities have made enormous stride forward. In Malacca I always like to compare with the Straits born Chinese and the Sri Lankan Tamil communities. We are far behind. However, there are many individual Chetty families that have made fantastic progress in education and some are lawyers, doctors and engineers by profession. My only hope is that these educated ones will come forward to lead this community.
Leadership is very important. Never put up somebody who has no ideas or cannot do anything beneficial for the community, as leaders. Vote in honest, sincere, respectful and hardworking person for all the post. Unfortunately, so much precious time were spent on dividing the community over petty rivalry and jealously. Members should avoid being rude, aggressive and violent. If there are continuous disagreements and non cooperation, the better educated ones do not want to be involved with the community affairs. There must be a show of respect and politeness for all especially the leaders. Let there be changes in our community and let the educated people lead the Chetty Community. This community should not be drifting aimlessly, without any directions; leaders chosen must fulfil the necessary criteria to make the changes to improve and not just to feed their egos. The younger generation of this community must realise this and wake up to take up the torch and lead the Malacca Chetty Community to progress.
The SPVM Temple Management Committee must encourage the children to excel in education, learn Tamil, keep in touch with Hinduism and provide aids for the needy and above all develop our land to benefit the Chetty Community. For the sake of our future generations, let us give them better opportunities to have successful and respectable lives in this country. Everything is in the hands of the younger generations. We will succeed if we stay united !
Vanakkam,
Thank you.
S.Vengadesan Naiker PBM
A well wisher of this historical community.
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