F. M. IBRAHIM KALIFULLA, J.

The Commissioner of HR & CE Department, Chennai is the applicant. The prayer in the application is to bring the Charities and the Religious Endowments and other schedule mentioned properties which had been directed to be performed in C.S. No. 177 of 1939 be henceforth brought under the purview of the authorities constituted under the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959.

2. The brief facts which are required to be stated are that this Court while dealing with application Nos. 5159 of 2006 and 46 of 2007 in C.S. No. 177 of 1939 concerning the grant of licence in respect of a hundi kept in a Temple called ‘Muneeswarar Temple’ popularly known as ‘Body Guard Muneeswarar Temple’, directed the Administrator General and Official Trustee (AG and OT) to address the applicant herein to send a proposal as to how best the said Muneeswarar Temple and hundi collection therein could be safely preserved and also directed the applicant to give a report. When the AG and OT addressed a letter to the applicant dated, 13.2.2007 in pursuance of such orders passed by this Court on 22.1.2007, the applicant herein filed a report dated 9.3.2007 and thereafter, came forward with the present application in A. No. 5108 of 2007. In the report dated 9.3.2007, as well as in the affidavit filed in support of this application. The applicant would contend that the applicant was not able to exercise control over the Muneeswarar temple as the management of the said Temple was governed by a scheme settled by this Court dated 1.8.1941 in C.S. No. 177 of 1939. The applicant would contend that the said Muneeswarar Temple is one of the properties mentioned in the schedule ‘A‘ of the scheme and that as described In schedule ‘B‘ of the scheme, certain rites are to be performed in connection with the said temple, that since the said temple along with other properties listed out in schedule ‘A‘ of the scheme were under the control of the AG and OT as per the scheme, that after the advent of HR & CE Act 1959 since the provisions of the said Act would apply to all Hindu Public Religious Institutions and Endowments in the State of Tamil Nadu, all the schedule mentioned properties being Hindu Religious and Charitable Endowments, the same are liable to be brought under the control of the applicant. It is on the above basis, the applicant has come forward with the prayer in this application as mentioned above.

3. To this application, the Official Trustee has filed a report contending that at the time when the Scheme Decree was passed on 1.8.1941 in C.S. No. 177 of 1939, HR & CE Act 1959 was not in vogue and that at that point of time, Hindu Religious and Charitable Endowments Act 1926 (Madras Act II of 1927) providing for supervisory control over the Hindu Religious Endowments was in force and that this Court considering the salient features of the Institution for performing several charities which includes charities pertaining to Mohammedan and Christian Religious Institutions passed the Scheme Decree providing for their proper administration. According to AG and OT, in the above stated back ground, when the Madras Act II of 1927 and HR & CE Act 1959 are not applicable, the prayer of the applicant cannot be granted.

4. After referring to various decisions M. Krishnaraju Chetty v. Commissioner of Hindu Religious and Charitable Endowments Board, Nungambakkam, Chenni-34 (1977) 2 MLJ 188, Meyyappa Velar v. Tamil Nadu Temple Administration Board, Madras and Others Meyyappa Velar v. Tamil Nadu Temple Administration Board, Madras and Others Meyyappa Velar v. Tamil Nadu Temple Administration Board, Madras and Others (1995) 1 MLJ 435, and T. Lakshmikumara Thathachariar v. Commissioner, HR & CE T. Lakshmikumara Thathachariar v. Commissioner, HR & CE T. Lakshmikumara Thathachariar v. Commissioner, HR & CE AIR 1998 SC 3252 : (1998) 6 SCC 643 : (1999) 1 MLJ 4 and Tharayammal (dead) by Lr. v. Kanakammal AIR 2005 SC 1588 : (200