The Supreme Court directed petitioners to approach respective State High Courts for challenging provisions of various Hindu Religious and Charitable Endowments Acts, emphasizing the distinct nature of the Acts.

ORDER :

The petitioners in each of these writ petitions which were filed under Article 32 of the Constitution of India have sought the following reliefs:

“WRIT PETITION (C) NO.476/2012

(i) declare that the Section 3(1), 3(4), 23, 24, 26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47, 49, 49-B, 50, 54 (1), 63, Sections 71-76, 92,97, 108 and 111 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Act as being ultra vires Articles 14, 19 (1)(g), 25, 26 and 31 (1)(a)(b) of the Constitution of India.

(ii) declare that the Sections 8, 12, 13, 15, 17-19 & 22, 25, 29, 41, 49, 51-55, 66, 70 and 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 [(Act 30 of 1987) as being ultra vires Articles 14, 19(1)(g), 25, 26 and 31 (1)(a)(b) of the Constitution of India.

(iii) declare that the Sections 3A, 4, 8, 9, 11, 12, 13 and 14 of the Pondicherry Act, 1972 as being ultra vires Articles 14, 19(1)(g), 25, 26 and 31 (1)(a)(b) of the Constitution of lndia.

(iv) that pending the hearing and final disposal of the Writ Petition, the Respondents by themselves, their servants and agents be restrained from acting in furtherance of the impugned Section 3(1), 3(4), 23, 24, 26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47, 49, 49-B, 50, 54(1), 63, Sections 71-76, 92,97, 108 and 111 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Act.

(v) that pending the hearing and final disposal of the Writ Petition, the Respondents by themselves, their servants and agents be restrained from acting in furtherance of the impugned Section 8, 12, 13, 15, 17-19 & 22, 25, 29, 41, 49, 51-55, 66, 70 and 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 [(Act 30 of 1987).

(vi) that pending the hearing and final disposal of the Writ Petition, the Respondents by themselves, their servants and agents be restrained from acting in furtherance of the impugned Sections 3A, 4, 8, 9, 11, 12, 13 and 14 of the Pondicherry Act, 1972

(vii) that this Hon'ble Court may be pleased to pass such other as may be deemed fit in the facts and circumstances of the case.

WRIT PETITION (C) NO.1432/2019

i. Issue a writ in the nature of certiorari in quashing Sections 1(3), 3, 23, 24, 25-A, 26, 27, 34, 34A, 34B, 34C, 34D, 35, 36, 45, 47, 48, 49, 49-B, 50, 52, 53, 54, 56(2), 57, 58, 59, 61, 63, 64, 65, 66, 67, 69, 70, 71-76 (including 75A, 75B and 75C), 92, 97, 108 and 111 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 be declared ultra vires Articles 14, 19, 25, 26, 29, and 31A of the Constitution of India; and

ii. Issue a writ in the nature of certiorari and quash the Utilization of Surplus Funds Rules (G.O. Ms. No. 4524, Revenue, dated the 5th November, 1960) framed under Section 36 of the Act as being unconstitutional; and

iii. Issue a writ in the nature of certiorari and quash the Conditions for Appointment of Executive Officers Rules, 2015 (G.O. Ms. No. 260, Tourism, Culture and Religious Endowments (RE4-2), dated 6th November 2015) framed under Sections 43A and 45 of the Act as being unconstitutional; and

iv. Issue a writ in the nature of certiorari and quash the Appointment of Auditors Rules (G.O. Ms. No. 3029, Revenue, dated the 20th July 1961) framed under Section 87 of the Act as being ultra vires the Act; and

v. Issue a writ in the nature of certiorari and quash the appointment of Executive Officers made under Section 45 for the Tiruchendur Temple and the other major Temples such as Sri Kantimatisameta Sri Nellaiappar Temple, Tirunelveli, Sri Arthanareeswarar Temple, Tiruchengode, Sri Kallazhagar Temple, Azhagarkoil and Sri Kothandaramaswamy Temple, Vaduvurto which such appointments were made with effect from July 16, 1966 under Sections 75-A and 75-B of the Act; and

vi. Issue a writ in the nature of mandamus and direct an investigation by a Special Investigation Team headed by an officer of high integrity such as Shri A.G.PonManickavel IPS, IG (Idol Theft Wing) of Tamil Nadu, in