Settlement of Scheme underTNHR&CE Act
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2022 Supreme(Mad) 2971
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C. SARAVANAN, J.
S.P. Selvam & - Appellant
Versus
The Commissioner H.R. & C.E. Admn.Department, Chennai & Others - Respondent
W.P. No. 20193 of 2022 & WMP. No. 19441 of 2022
Decided On : 18-08-2022
Advocates appeared:
For the Petitioners:E. Ohm Prakash, Senior Counsel, V. Venkatasamy, Advocate. For the Respondents: R1 to R3, S. Yashwanth, Addl.Govt.Pleader.
For the Petitioners:E. Ohm Prakash, Senior Counsel, V. Venkatasamy, Advocate. For the Respondents: R1 to R3, S. Yashwanth, Addl.Govt.Pleader.
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, 1959.
Headnote:
Specific Endowment - Property Dispute - MHR&CE Act, 1951, TNHR&CE Act, 1959 - Section 58(1), Section 64(5)(a) - The court discussed the Trust Settlement Deed dated 23.04.1923, the schemes framed under MHR&CE Act, 1951 and TNHR&CE Act, 1959, and the specific endowment for performing Mandagapadi to the Idol of Arulmighu Kallalagar. The court emphasized the inalienability of the properties, the role and rights of the trustees, and the bar on alienation of the Trust property under the TNHR&CE Act, 1959.
Fact of the Case:
The petitioners purchased an immovable property dedicated for specific endorsement from the descendants of the original trustees. The property was governed by a Trust Settlement Deed dated 23.04.1923 and subject to schemes framed under MHR&CE Act, 1951 and TNHR&CE Act, 1959. The petitioners filed an application under Section 63(c) & (d) of the TNHR&CE Act, 1959, which was dismissed, and their appeal was rejected.
Finding of the Court:
The court found that the property was specifically endowed for religious purposes and was inalienable. The petitioners' purchase of the property contrary to the provisions of the TNHR&CE Act, 1959 was not justified. The court dismissed the writ petition and closed the connected miscellaneous petition.
Issues: The issues involved the determination of specific endowment, the rights of the trustees, the bar on alienation of Trust property, and the jurisdiction of the court under Article 226.
Ratio Decidendi: The property was specifically endowed for religious purposes and was inalienable. The petitioners' purchase of the property contrary to the provisions of the TNHR&CE Act, 1959 was not justified. The court emphasized the bar on alienation of Trust property and the inapplicability of Section 108 of the TNHR&CE Act, 1959 to the petitioners' case.
Final Decision: The writ petition was dismissed, and the connected miscellaneous petition was closed. The court held that the petitioners' invocation of Article 226 was to prolong the litigation and legitimize their wrongful title over the endowed property.
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 'C' properties were to be utilized for maintaining the Schedule 'A' property for Mandagapadi.
3. It appears that after the execution of Trust Settlement Deed dated 23.04.1923 by Smt.Nacharammal and two others in favour of one Muthusamy Pillai a Scheme was framed under Section 58(1) of the Madras Hindu Religious and Charitable Endowments Act, 1951 (hereinafter referred to as the MHR&CE Act) on 30.11.1955 by the Deputy Commissioner for the manner in which, the Trust and the properties were to be administered.
4. After the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the TNHR&CE Act) came into force, the above scheme was further modified on 04.04.1967.
5. The relevant clauses from the respective schemes framed under Section 58(1) of the MHR&CE Act, 1951 and modified scheme under Section 64(5)(a) of the TNHR&CE Act, 1959 are reproduced below:-
| Settlement of Scheme underMHR&CE Act | |
| 1. ....2. The Administration of the trust created by Nachiarammal and others, Vandiyur, Madurai |
