The central legal point established in the judgment is the conflict between the impugned order and the Scheme Decree, and the applicability of Section 47(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, along with the impact of Section 50 and Section 118(2)(b) of the Act on the appointment of trustees.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order issued by the first respondent in G.O.No.75 dated 05.08.2020 and to quash that portion of said G.O./ appointment order in so far it relates to the tenure of appointment of petitioners Dharmakarthas, which is in violation of Rule 14 of the Scheme Decree and consequently to direct the first respondent to revise tenure of appointment of petitioners Dharmakarthas for a period of 5 years in terms of the Scheme Decree.)

1. The petitioners have challenged the impugned G.O.No.75, Tourism, Culture and Religious Endowments (T3-1) Department, dated 05.08.2020 of the first respondent.

2. By the impugned G.O.No.75, Tourism, Culture and Religious Endowments (T3-1) Department, dated 05.08.2020, the tenure of the petitioners who were appointed as Religious Dharmakartha and Secular Dharmakartha of Sri Adhikesava Perumal and Bashyakara Swamy Devasthanam, Sriperumbudur has been restricted to 2 years in terms of Section 47(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3. It is the case of the petitioners that the subject temple Sri Adhikesava Perumal and Bashyakara Swamy Devasthanam (temple) is governed by a Scheme Decree dated 03.01.1923 passed by the Subordinate Court, Chengalpattu in O.S.No.30 of 1921.

4. It is submitted that as per the above Scheme Decree, the position to be held by the non-hereditary Religious Dharmakartha and Secular Dharmakartha is 5 years. However, by the impugned G.O., the first respondent has restricted the tenure to 2 years under Section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

5. It is therefore submitted that the impugned G.O.No.75, Tourism, Culture and Religious Endowments (T3-1) Department, dated 05.08.2020, is liable to be quashed.

6. It is submitted by the petitioners that the subject temple is Section 46(iii) temple and even if Section 47 was to be applied, the maximum of five members are to be appointed. It is further submitted that the Board of Trustees should consist of a minimum of 3 persons and maximum of 5 persons.

7. It is submitted that it is a peculiar situation, where, the respondents have partly implemented the Scheme Decree in O.S.No.30 of 1921 dated 03.01.1923 insofar as the appointment of Religious Dharmakartha and Secular Dharmakartha and partly applied Section 47(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 insofar as the fixation of tenure for them.

8. The Special Government Pleader for the respondents, on the other hand, submits that there is no justification in the plea of the petitioners to continue beyond the period of 2 years from the date of appointment.

9. It is submitted that the provisions of Section 50 of the Act as also Section 118(2)(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 make it clear that if any provision contained in Scheme is repugnant to the provisions of the Act, the Scheme to the extent of repugnancy, is void. It is therefore submitted that the respondents have correctly confined the tenure to 2 years and therefore, this Writ Petition deserves to be dismissed.

10. I have considered the arguments advanced by the learned counsel for the petitioners and the learned Special Government Pleader for the respondents.

11. In the the impugned G.O.No.75, Tourism, Culture and Religious Endowments (T3-1) Department, dated 05.08.2020, the first respondent has applied Section 47(3) of the Act.

12. The Scheme Decree was passed under Section 92 of the Civil Procedure Code, 1908. Section 118(2)(b)(i) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 makes it clear that if any provision contained in any scheme settled or deemed to have been settled under the Tamil Nadu Hindu Religious and Cha