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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
Sri Varasidhi Vinayagar Sath Sangam represented by its present Secretary V. Srinivasan & Another
Versus
The Commissioner H.R. & C.E. Department & Others
A.S.Nos.1280 of 1994 and 1395 of 1994
Decided on: 21-07-2008
HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT - SECTION 6(18), 6(20), 63(A) - TEMPLE - PUBLIC OR PRIVATE - DETERMINATION - FACTORS - CASE FACTS - COURT ANALYSIS AND CONCLUSION - APPEAL - DISMISSAL - COMPENSATION TO APPELLANT FOR LAND PURCHASE - DIRECTION.
Fact of the Case:
The appellant, a registered society, filed a suit under Section 70(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (the Act) to set aside an order passed by the Commissioner, H.R. & C.E., declaring the temple in question as a public temple. The appellant claimed that the temple was a private temple belonging to the society and not a religious institution as defined under the Act.
Finding of the Court:
The court held that the temple in question was a public temple as defined under Section 6(20) of the Act. The court considered various factors such as the origin of the temple, the manner in which its affairs were managed, the nature and extent of the contributions received by it, the rights exercised by devotees in regard to worship therein, and the consciousness of the manager and the devotees themselves as to the public character of the temple. The court found that the temple had all the characteristics of a public temple, including a hundial for collecting offerings from the public, and that the public had been worshipping in the temple as a matter of right.
Issues: 1. Whether the temple in question was a public temple or a private temple? 2. Whether the appellant had any right over the affairs of the temple?
Ratio Decidendi: The court held that the temple in question was a public temple as defined under Section 6(20) of the Act. The court considered various factors such as the origin of the temple, the manner in which its affairs were managed, the nature and extent of the contributions received by it, the rights exercised by devotees in regard to worship therein, and the consciousness of the manager and the devotees themselves as to the public character of the temple. The court found that the temple had all the characteristics of a public temple, including a hundial for collecting offerings from the public, and that the public had been worshipping in the temple as a matter of right.
Final Decision: The court dismissed the appellant's suit and confirmed the order of the Commissioner, H.R. & C.E., declaring the temple in question as a public temple. However, the court directed the respondents to find out the individual and collective contribution of the members of the appellant towards the purchase of the land on which the temple was constructed and to compensate them accordingly.
Since both the appeals relate to a common issue, they are being disposed of in common.
2. The plaintiff, who is the appellant in A.S.No.1280 of 1994, filed a statutory suit in O.S No.3988 of 1990 before the V Assistant City Civil Court, Madras under Section 70 (1) of the H.R. & C.E. Act 22 of 1959 (in short “the Act”) in order to set aside the order dated 212. 1989 passed by the Commissioner, H.R. & C.E. Madras – 34 passed in A.P. No.107 of 1987 under Section 69(1) of the Act. The statutory suit was dismissed by the V Assistant Civil Court, Madras by a judgment and decree dated 25.01.1994 against which the present appeal by the appellant.
3. The case of the appellant is as under:
a. There is a private temple dedicated to the worship of Sri Varasiddhi Vinayagar situated in Door No.E-96/A, 17, I Avenue, Besant Nagar, Madras – 600 090. An idol of Sri Varasiddhi Vinayagar was first installed and worshipped by one Balaramamoorthy Naidu of the locality in the land belonging to the Housing Board and the said Balaramamoorthy Naidu was continuing his personal worship for some years and there was no dedication to the said deity either by way of any property or by way of any public worship as a matter of right. In the meantime, some residents of Besant Nagar conceived an idea of forming a Sangam to construct a temple for Sri Varasiddhi Vinayagar and to perpetuate worship for ever. Accordingly, an association was formed under the name and style of “Varasiddhi Vinayagar Sath Sangam” (in short “the Sath Sangam”)and the same was also registered under the Societies Registration Act, XXI of 1860. Thus, the temple in question is a private temple belonging to “Varasiddhi Vinayagar Sath Sangam”, which was initially having only 63 members with various objects, viz.,
i to build Hindu temples and such other institutions, religious and charitable as well, minister to the religious needs of the Hindu residents of Besant Nagar and surrounding areas and to arrange for their proper working. The Varasiddhi Vinayagar Temple shall be owned, maintained and managed by the Sath Sangam;
ii to arrange for the diffusion of useful religious knowledge through libraries, discourses and similar religious activities;
iii to raise ;funds for the achievement of the above objects, to purchase and hold properties – movable and immovable relating thereto and to arrange for the management of the same; and
iv to do such other things as are incidental to or conducive to the attachment of the above objects.
b. After forming and registering the Sath Sangam in question, its members resolved to shift the idol of Shri Varasiddhi Vinayagar from its original place to a new place where a superstructure could be constructed for the deity in question which was originally worshipped by the said Balaramamoorthy Naidu. Thereafter, the Sath Sangam purchased a piece of vacant land measuring about 6 grounds and 425 sq. ft. at E.964/E.154, Besant Nagar, Adyar for a total purchase amount of Rs.77,213.54 and also obtained permission for the construction of a private temple from the MMDA and thereupon a private temple was finally constructed and kumbabishekam was performed on 12.04.1979. Thus, the original of the private temple was of a recent one and remained with the members belonging to the appellant-Sath Sangam.
.c. While so, one T.N. Venkoba Rao was elected as the Secretary of the Sath Sangam and was co-ordinating the day-to-day affairs of the private temple in question. The members of the Sath Sangam liberally donated for the construction of the institution and they did not take donation from outsiders of the locality for the founding of the private temple in question and as a matter of fact, no contribution was received from outsiders in the locality at any point of time, either for the founding of the institution or for its subsequent maintenance. Accordingly, it was founded by the members of the Sath Sangam and being continuously maintained till date. The public at large a
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