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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
Sri Santhana Srinivasa Perumal Public Charitable Trust, Represented by its Trustee/Treasurer, V. Venkateswaran, Chennai - Appellant
Versus
The State of Tamil Nadu Rep by its Secretary to Government, Chennai & Others - Respondent
W.P. No. 32267 of 2015 & M.P. Nos. 1 to 5 of 2015
Decided On : 22-09-2022
Religious Institution - HR&CE Act - Section 6(18), Section 49 - The court discussed the power of the Assistant Commissioner to declare an institution as a religious institution and appoint a fit person under Section 49 of the HR&CE Act. It emphasized that the power to appoint fit persons vests in the Assistant Commissioner only if the institution is a religious institution, and such a determination should follow the procedure established by law. The court held that the Assistant Commissioner cannot assume the role and power of the Joint Commissioner or Deputy Commissioner and decide whether an institution is a religious institution. It cited relevant judgments and directed the Joint Commissioner to decide the issue as per law and pass appropriate orders on merits and in accordance with the law.
Fact of the Case:
The writ petition challenged the order of the fourth respondent declaring the petitioner Trust as a Religious Institution and appointing a fit person to Arulmighu Santhana Srinivasa Perumal Temple, Mogappair. The petitioner trust was created to carry out various charitable activities and contributed extensively to the maintenance and development of the temple. The Trustees initiated disciplinary proceedings against a member for misusing temple funds, leading to the appointment of an Executive Officer and the control of the temple's funds by the fifth respondent. The fourth respondent declared the petitioner trust as a religious institution based on the sixth respondent's statement, which was challenged in the writ petition.
Finding of the Court:
The court found that the Assistant Commissioner does not have the power to declare an institution as a religious institution and appoint a fit person under Section 49 of the HR&CE Act. It emphasized that such power is vested with the Joint Commissioner and Deputy Commissioner, and the Assistant Commissioner cannot assume their role. The court set aside the impugned order and directed the Joint Commissioner to decide the issue as per law and pass appropriate orders on merits and in accordance with the law.
Issues: The main issue was whether the Assistant Commissioner had the power to declare the petitioner trust as a religious institution and appoint a fit person under Section 49 of the HR&CE Act.
Ratio Decidendi: The court held that the Assistant Commissioner cannot assume the role and power of the Joint Commissioner or Deputy Commissioner and decide whether an institution is a religious institution. It emphasized that the power to appoint fit persons vests in the Assistant Commissioner only if the institution is a religious institution, and such a determination should follow the procedure established by law.
Final Decision: The court allowed the writ petition, set aside the impugned order, and directed the Joint Commissioner to decide the issue as per law and pass appropriate orders on merits and in accordance with the law.
JUDGMENT
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorari calling for the records and to quash the order of the 4th respondent dated 05.10.2015 given to the petitioner Trust on 06.10.2015 in Se.Mu.Na.Ka.En.934/2015/a1.)
1. This writ petition has been filed challenging the order of the fourth respondent declaring the petitioner Trust as a Religious Institution and appointment of a fit person to Arulmighu Santhana Srinivasa Perumal Temple, Mogappair.
2. The brief facts leading to the filing of this writ petition is as follows:
(i) The petitioner trust was created on 08.03.1993, by means of a registered Trust Deed by the founding members of the trust and the residents of the area around the Temple Arulmighu Santhana Srinivasa Perumal Temple, Mogappair. The object of the Trust is to carry out various other charitable activities as per Clause 4:1 to 4:9 of the trust deed viz., "4:1. To spread the cult of Lord Srinivasa Perumal, viz., universal brotherhood among all persons irrespective of religion, caste, creed, community. 4:2. To arrange for periodical discourses lectures etc., 4:3. To propagate the idea of charity by rendering assistance to deserving children for prosecuting their students studies by giving scholarships, donation, free supply of books etc., 4:4. To arrange for feeding of poor as well as to provide mid-day meals to needy and poor school children. 4:5. To establish and run educational institutions. 4:6. To render free medical assistance to needy and poor. 4:7. To establish and run reading rooms, libraries containing books of all religions and Faith. 4:8. To do all things which are charitable and that would promote objects of public utility. 4:9. To do all such things as are incidental or conducive to the above-mentioned objects of the Trust."
(ii) The Trust had contributed extensively for the maintenance and development of the Arulmighu Santhana Srinivasa Perumal Temple, Mogappair. The temple has now become a very popular and fully developed Temple in the Mogappair area.
(iii) The Trustees of the petitioner Trust decided to bring it under the purview of the Hindu Religious & Charitable Endowments (hereinafter referred to as "HR&CE") Department and hence they filed a petition before the second respondent to frame a Scheme for the maintenance of the Temple and after due enquiry, the Temple had been brought under the overall control and supervision of the HR&CE Department of the Government of Tamilnadu with effect from 21.07.2010, through a Scheme and Order passed in O.A.No.8 of 2009, by the third respondent.
(iv) As per the Scheme the administration of the temple and its properties shall vest in the non-hereditary trustees and shall be carried out by the Board of Trustees consisting of not less than three and not more than five, to be duly constituted by the competent Authority under the Act, in accordance with the provisions of the Tamil Nadu HR & CE Act, 1959 and the Rules made thereunder, as amended from time to time.
(v) It is further stated that the petitioner Trust alone is managing the affairs of the Arulmighu Santhana Srinivasa Perumal Temple, Mogappair. However, the 6th respondent had started acting contrary to the purpose of the Trust and he also started making attempts to misuse the funds of the Temple and therefore the majority Trustees of the petitioner trust had initiated disciplinary proceedings against him and after proper enquiry, he was removed from the post of Managing Trustee of the petitioner trust.
(vi) The sixth respondent filed suit and also obtaining interim orders, which has been subsequently vacated and in the meanwhile the fourth respondent appointed the fifth respondent Executive Officer and took over the management of the Temple on 02.05.2014, by her proceedings dated 25.11.2013, in Na.Ka.No.3982/2014/A1 and since then the Temple and its funds have been under the control of the fifth respondent Executive offi
The main legal point established in the judgment is that the Assistant Commissioner does not have the power to declare an institution as a religious institution and appoint a fit person under Section....
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The Commissioner lacked authority to appoint an Executive Officer for temple administration, violating established law and trustee rights under the HR & CE Act.
The court emphasized the importance of compliance with procedural mandates under the Tamil Nadu Hindu Religious & Charitable Endowments Act-1959, and upheld the rights of the trustees appointed throu....
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
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