Ramachandra Iyer, O.C.J.-

This is a petition under Article 226 of the Constitution for calling for the papers relating to G.O. No. 3069 (Revenue), dated 4th August, 1956, for declaring that the Amending Act IX of 1956 and the aforesaid Government Order issued thereunder are ultra vires and inoperative to the extent to which they affect the rights of the petitioner, and for the issue of a writ of prohibition or other appropriate writ directing the Commissioner of Hindu Religious and Charitable Endowments, Madras, and the officials under him to forbear from further interference with the rights of the petitioner as hereditary trustees of Rajan Kattalai pertaining to Sri Thyagarajaswarmi Temple, Thiruvarur,

In the town of Thiruvarur in the Thanjavur District there is an ancient temple noted alike for its beauty and sanctity. The presiding deity of this temple is Sri Thyagarajaswami. The peculiar feature of the temple is that apart from an allowance called the Mohini allowance, there is no other property which can now be said to be devoted for its general purposes. There are, however, a number of specific endowments or kattalais relating to the various services in the temple, its festivals and for conducting several charities in glorification of the principal deity. It is said there are 13 such kattalais: the most important of them are four, namely, Rajan Kattalai, Ulthurai Kattalai, Abisheka Kattalai and Annadanam Kattalai. Large extents of properties have been endowed for each of these kattalais. It is not known when and by whom such endowments were made. It is claimed on behalf of the petitioner that the endowments were made by the Native Rulers who reigned Thanjavur before the establishment of British Rule. The management of each of these kattalais is vested in a certain trustee or trustees hereditarily. The trusteeship of Rajan Kattalai is with the head of Dharmapuram mutt in the Thanjavur District. In one of the numerous inscriptions found in the temple, the connection between the Pandarasannadhi of Dharmapuram with Sri Thyagarajaswami temple of Tiruvarur is referred to “ The Tanjore District Handbook” published by the Government in 1957 at page 414 states:

“that numerous inscriptions have been copied belonging mostly to the later Chola and Pandya times recording gifts of various kinds to the temple. One of them dated 1560 says that Gnana Prakasa Pandaram of Thiruvarur was appointed as supervisor of certain temples. This person is believed to have been the founder of the Dharmapuram matham and a portion of the trust properties in Rajan Kattalai still vests in the matham.”

The Dharmapuram Mutt itself has large endowments of lands in Thanjavur and Tirunelveli Districts. The head of the mutt is known as Pandarasannadhi and there are under his management about 27 temples. Having regard to the nature of the duties of the head of a mutt of that importance and magnitude, it is impossible to expect the Pandarasannadhi to personally supervise the temples under his charge, or even to see that they are properly manned and maintained. Deputies have therefore, to be appointed to supervise the various institutions. With regard to the services connected with Rajan Kattalai in Sri Thyagarajaswami temple at Tiruvarur the head of Dharmapuram Mutt generally functions through a deputy known as Kattalai Thambiran.

Ordinarily speaking a kattalai is a special or specific endowment for certain specific services or religious charity to be performed. For example Uchikala Kattalai in a temple would refer to an endowment for the purpose connected with the mid-day worship in the temple. Thus kattalais being in the nature of specific endowments, the founder of such kattalais would be entitled to prescribe the line of trustees to manage such kattalais. The trustees so appointed will, however, occupy a subordinate position in relation to the general trustee of the temple. It has been held that the general trustee has a right and duty to see that the funds in th

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