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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Sh. Dayananda Saraswati Swamiji (Dead) – Appellant
Versus
State of Tamil Nadu – Respondent
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:
(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),
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 o....
Statutory remedies available to petitioners precluded the court from exercising its power of judicial review under Article 226 of the Constitution.
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