Back
C. SARAVANAN
S. P. Selvam & – Appellant
Versus
Commissioner H. R. & C. E. Admn. Department, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records from the first respondent relating to his order passed in R.Dis.A.P.No.24/2019 D2 dated 16.06.2022 and quash the same and consequently remand the matter to the first respondent with a direction to decide the dispute raised by the petitioners in O.A.No.16 of 2017 filed before the Joint Commissioner H.R. & C.E. Admn. Department, Madurai u/s.63(c) and (d) of the TN HR & CE Act, 1959 within the time stipulated by this Court.)
1. The petitioners have purchased an immovable property directly from the descendants of the original trustees of Vandiyur Nacharammal Vagaira Kattalai on 18.10.2007 who had executed a Trust Settlement Deed dated 23.04.1923 and dedicated properties for specific endorsement.
2. The Deed contemplates three Schedules. Schedule 'A' Property deals with property dedicated for performing Mandagapadi during Chitra Pournami Festival where the Kallalagar's deity to visit the Schedule 'A' property. Income from Schedule 'B' and '
The main legal point established in the judgment is the inalienability of specifically endowed properties for religious purposes and the bar on alienation of Trust property under the TNHR&CE Act, 195....
The main legal point established in the judgment is that the dedication of the properties for the performance of Naivedyam service to the temple constituted a specific endowment, and the application ....
The definition of 'specific endowment' is consistent across the 1951 and 1959 Acts, and prior judicial determinations regarding the Trust's character are binding, preventing re-litigation.
A dedication of property for religious purposes can be established through intent and conduct, even in the absence of formal documentation, and such dedication constitutes a public religious charity ....
The court established that determinations regarding the nature of endowments must be made under the Tamil Nadu Hindu Religious and Charitable Endowment Act, not under the Indian Trust Act, when the a....
The main legal point established in the judgment is that under the Tamil Nadu Hindu Religious and Charitable Endowments Act, a property dedicated for charitable activities cannot be alienated, and an....
The endowment created through a will must be honored and performed as per the wishes of the executor, and the registering authority can refuse registration of documents if the property is endowed for....
The removal of a religious endowment trustee for misappropriation relies on the preponderance of probability, not criminal conviction standards. Hereditary trustees are subject to succession rules, r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
