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2009 Supreme(Mad) 2097
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. VENUGOPAL
V. Vasudeva Naidu
Versus
Commissioner Hindu Religious and Charitable Endowment & Another
A.S.No.208 of 2002
Decided on: 06-07-2009
For the Appellant :Sri Vidya, S. Viswanathan, Advocates.
For the Respondents:M.R.Murugesan, Spl.G.P.(HR & CE), Advocate.
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The main legal point established in the judgment is the interpretation of the provisions of the Tamil Nadu Hindu Religious and Charitable Endowment Act to determine the classification of a trust as a public or private trust based on the nature of its beneficiaries and the charities to be performed.
Headnote:
Trust - Hindu Religious and Charitable Endowment Act - Section 3, Section 6(18), Section 6(19), Section 63(a), Section 69(1) - The court discussed the nature of the Sri Venkatachalapathy Dharmam Chatram Trust and its classification as a public or private trust. It analyzed the historical documents, agreements, and orders related to the trust, and concluded that the trust was a public charitable endowment, as the beneficiaries were from the Hindu public and the charities to be performed were of a religious nature. The court affirmed the judgment and decree made by the Subordinate Judge, Tiruvarur in O.S.No.463 of 2000.
Fact of the Case:
The appellant/plaintiff filed a suit seeking cancellation of an order declaring Sri Venkatachalapathy Dharma Chatram Trust as a public religious trust. The trust was founded by the appellant's ancestor and was intended for the welfare of the souls of the ancestors and the spiritual welfare of the founder and his descendants. The government had extended the provisions of the Tamil Nadu Hindu Religious and Charitable Endowment Act to the trust, leading to a dispute over its classification as a public or private trust.
Finding of the Court:
The court found that the trust was a public charitable endowment, as the beneficiaries were from the Hindu public and the charities to be performed were of a religious nature. It concluded that the orders passed by the authorities were not liable to be interfered with and dismissed the appeal.
Issues: The main issues were whether the Sri Venkatachalapathy Dharmam Chatram is a public Trust and whether the plaintiff is entitled to the relief of cancellation of the government order declaring the trust as a public religious trust.
Ratio Decidendi: The court's decision was based on the interpretation of the historical documents, agreements, and orders related to the trust, as well as the provisions of the Tamil Nadu Hindu Religious and Charitable Endowment Act. It emphasized that the trust's beneficiaries were from the Hindu public and the charities to be performed were of a religious nature, leading to the classification of the trust as a public charitable endowment.
Final Decision: The court affirmed the judgment and decree made in O.S.No.463 of 2000 by the Subordinate Judge, Tiruvarur, and dismissed the appeal without costs.
The appellant/plaintiff has preferred this appeal as against the Judgment and decree made in O.S.No.463 of 2000 by the learned Subordinate Judge, Tiruvarur.
2. The necessary facts of the case are set out in the plaint in brief as follows:
Well one hundred years before, the ancestor of the appellant/plaintiff has founded a Family Trust called"Sri Venkatachalapathy Dharmam Chatram". The Chatram building has been constructed by the ancestors of the appellant/plaintiff and the Chatram has been utilised as rest house for pilgrims. The wet and dry lands mentioned in the plaint schedule property situated in the village of Olimathi and Anumanthapuram in Nidamangalam Taluk have been dedicated for the maintenance of Venkatachalapathi Dharma Chatram and for performance of certain charities. The charities consist of feeding of Brahmins on Dhuvadesi day every month in the Dharma Chatram, alms to be distributed to the Brahmins and conducting water pandal charity during the summer every year and distribution of food packets to the visiting worshippers of Sri Rajagopalaswamy Temple, Mannargudi in every Dhuwadesi day once in a month. The registered agreement dated 5. 1866 and the registered release deed dated 1. 1923 speak of Venkatachalapathy Dharmam Trust. The agreement of the year 1866 has been entered into between the descendants of the founder of the Trust. As per the release deed of the year 1923,one Gopalakrishna Naidu, the then hereditary trustee relinquished his trusteeship , right in favour of his younger brother Ramagovindappa Naidu. The eldest brother of the said Gopalakrishna Naidu and Ramagovindappa Naidu is Ramachandra Naidu, who is the paternal grand father of the plaintiff. Therefore, the plaintiff is a person interested in the maintenance, upkeep and performance of the Family Trust founded by ancestors of the plaintiff.
3. By virtue of G.O.Ms.No.21 of 64, the Government issued an order and wanted to extend the provisions of T.N.Act 22/1959 to the private family trust known as Sri Venkatachalapathy Dharma Chatram. The Government as per Notification under Section 3 of the Tamil Nadu Hindu Religious and Charitable Endowment Act(hereinafter referred to as"TN H.R.& C.E.Act) has treated Sri Venkatachalapathy Dharma Chatram as a Hindu Charitable Public Trust. In pursuance of the Notification, objections have been called for and in taking over the Administration of the Trust by the government, there has been a delay. In the meanwhile, five of the descendants of the founder of the Trust viz., Jagannathan,S.Gopalakrishman, V.Gopalakrishnan, V.Raghuraman and J.Ramagovindan without any reference to the plaintiff, who is a senior in age filed an application in O.A.No.18 of 1987 under Section 63(a) of the TN H.R& C.E.Act before the second defendant praying for declaration that Sri Venkatachalapathy Dharma Chatram Trust is a Private religious Trust and not a public religious Trust within the meaning of the said Act. By order dated 11. 1989, the second defendant has dismissed the said application observing that the Institution has already been notified as per Section 3 of the T.N.H.R &C.E.Act. The appeal to the first defendant in A.P.No.70 of 1989 has also been dismissed on 12. 1992.
4. According to the appellant/plaintiff, the nature of charities to be performed by the Trustees only specifies that it is a private family trust solely intended for the welfare of the souls of the ancestors in the other world. The object of the Trust is the spiritual welfare of the Founder and his descendants. The respondents 1 and 2/defendants 1 and 2 have declared that Sri Venkatachalapathy Dharman Trust is a private family religious trust and it is neither a public religious trust nor a public charitable trust. The plaintiff alone is managing the private Family religious Trust and is entitled to collect rents for the trust lands under lease. The appellant/plaintiff has been paying the land revenue to the trust lands and therefore he is a person
