Judgment

B. K. MUKHERJEA, J. : This appeal is directed against a judgment of a Division Bench of the Madras High Court dated 3-12-1951, by which the learned Judges allowed a petition, presented by the respondent under Art. 226 of the Constitution, and directed a writ of prohibition to issue in his favour prohibiting the appellant from proceeding with the settlement of a scheme in connection with a Math, known as the Shirur Math, of which the petitioner happens to be the head or superior. It may be stated at the outset that the petition was filed at a time when the Madras Hindu Religious Endowments Act (Act 2 of 1927) was in force and the writ was prayed for against the Hindu Religious Endowments Board constituted under that Act, which was the predecessor in authority of the present appellant and had initiated proceedings or settlement of a scheme against the petitioner under S. 61 of the said Act.

2. The petition was directed to be heard along with two other petitions of a similar nature relating to the temple at Chidambaram in the district of South Arcot and questions were raised in all of them regarding the validity of Madras Act 2 of 1927 hereinafter referred to as the Earlier Act