The main legal point established in the judgment is that the circulars issued by the 1st respondent modifying the conditions for leasing out houses belonging to the Temple were found to be in the interest of the institution and did not violate the Rules.

1. The petitioner in W.P. No. 3840 of 1999 has challenged the circular issued by the Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department in Na. Ka. No. 95206/98/R2 dated 27.1.99.

2. The petitioners in W.P. Nos. 11573 and 11617 of 1999 have also challenged the proceedings of the Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department in Na.ka. No. 8516/92/R2 dated 24.3.92 as amended by the circular in Na.Ka. No. 95206/98/R2 dated 27.1.99.

3. By consent of parties, all the writ petitions are taken up together for disposal. The brief facts leading to the filing of all the writ petitions may be stated as follows.

4. All the petitioners applied for allotment of houses belonging to the 2nd respondent namely Arulmighu Kapaleeswarar Temple, Mylapore on rental basis. Since the requests of the petitioners were not conceded in view of the circular of the 1st respondent dated 27.1.99, the present writ petitions have been filed challenging the said circular. It is the case of the petitioners that on 24.3.92, the 1st respondent issued circular containing guidelines for the purpose of leasing out the houses noted and belonging to the 2nd respondent Temple by way of lease. Among other conditions the 1st respondent directed that 1/3rd available houses shall be allotted to the employees of the H.R. & C.E. Department, 1/3rd of houses shall be allotted to the employees of the Temple and the remaining 1/3rd of the houses shall be allotted to public. On 27.1.99 the 1st respondent issued another circular modifying the conditions for leasing out the houses belonging to the Temple by directing that 50% of the houses shall be allotted to the employees of the H.R. & C.E. Department and the remaining 50% shall be allotted to the employees of the Temple. He also directed that in the event any house is left unallotted from among the employees of the Temple and the H.R. & C.E. Department, those houses can be allotted to the public. By the said cricular the 1st respondent also directed the other conditions to be incorporated for the terms of lease. The grievance of the petitioners is that the condition specifying that the employees of H.R. & C.E. Department and the Temple are alone entitled for such allotment is arbitrary, violative of principles of equality, violative of the provisions of H.R. & C.E. and would result in loss of revenue to the Temple. The request of the petitioners for allotment of houses has not been considered in view of the impugned circulars and therefore the petitioners were constrained to challenge the circulars themselves.

5. Mr. P. Srinivas, learned counsel appearing for the petitione in W.P. Nos. 3840 of 1999 and Mr. K. Venkatasubramanian, learned counsel appearing for the petitioners in W.P. Nos. 11573 and 11617 of 1999 contended that by virtue of Section 116 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 hereinafter called as “the Act”, the Government may, by notification, make Rules to carry out the purpose of this Act and without prejudice to the generality of the above power, the Government may also provide for Rules in relation to the manner in which and the period for which leases of properties of religious institutions shall be made. By virtue of such power, the Government have framed “ The Religious Instutions Lease of Immovable Property Rules 1963 ” and notified in G.O.Ms. No. 3060 Revenue dated 17.10.63 hereinafter referred to as “the Rules”. As per Rule 2 of the said Rules, lease of immovable property and rights belonging to a religious institution shall be made by public auction. Therefore, the learned counsel submitted that when there is a specific Rule framed for the purpose of leasing of the property belonging to the Temple only by public action, the impugned circulars giving powers to the respective Executive Officers to allot the houses a nd that too only to the employees of the H.R. & C.E. Department and t