Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HON'BLE MR. SANJAY V.GANGAPURWALA, CHIEF JUSTICE, THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
G.Balasubramaniya Iyer – Appellant
Versus
Durai Bubalan – Respondent
W.A. Nos. 1218 and 1282 of 2021 and W.P. No. 6130 of 2021
Decided on : 09-11-2023
Hindu Religious Endowments - Appointment of Madathipathi - CPC Section 92, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Sections 64, 65, 108 - The court discussed the legal framework governing the appointment of trustees and the modification of schemes under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. It highlighted that schemes established under previous acts are deemed to be settled under the current act, allowing for modifications by the Joint Commissioner or Deputy Commissioner. The court emphasized the importance of following statutory procedures for any modifications to existing schemes, as outlined in the relevant sections of the act.
Fact of the Case:
The case involves the appointment of the Madathipathi for the Thiruporur Chidambara Swamigal Mutt, following a series of legal proceedings and decrees dating back to 1910. The Commissioner of the Hindu Religious and Charitable Endowments Department had issued orders regarding the election process for the Madathipathi, which were challenged by various parties claiming rights to the position based on historical decrees and appointments.
Finding of the Court:
The court found that the existing scheme for the administration of the Mutt, established under Section 92 of the CPC, could be modified under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. It held that the Deputy Commissioner had the jurisdiction to modify the scheme and that the appellants must follow the statutory process for any modifications.
Issues: The primary issues were whether the existing scheme could be modified by the Deputy Commissioner and whether the appellants could seek modification through the civil court given the statutory framework provided by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
Ratio Decidendi: The court established that schemes settled under previous acts are deemed to be settled under the current act, allowing for modifications by the appropriate authorities. It reinforced the principle that when a power is given to do something in a specific manner, it must be done that way, as per the statutory provisions.
Final Decision: The appeals were disposed of with directions for the appellants to apply for modification or cancellation of the Scheme Decree under Section 65(4) of the Act of 1959 by a specified date, while keeping the orders in abeyance until that time. If no application was made, the authorities were to implement the previous orders.
JUDGMENT :
(Judgment of the Court was made by P.D. AUDIKESAVALU, J.)
Prayer:- Appeal under Clause 15 of the Letters Patent against the order dated 02.02.2021 passed in W.P. No. 1640 of 2021 by the learned Single Judge.
Prayer:- Appeal under Clause 15 of the Letters Patent against the order dated 02.02.2021 passed in W.P. No. 1640 of 2021 by the learned Single Judge.
Prayer:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the First Respondent in its proceedings dated 28.05.2020 vide Na. Ka. No.1753-2/2020-S1 in appointment of Madathipathi for Thiruporur Chidambara Swamigal Thirumadam and quash the same as void and illegal and consequently direct the First Respondent to recognize the Madathipathi appointed by the Writ petitioner by their Deed of Appointment dated 05.02.2020 vide Document No.4/2020 on the file of SRO, Mailam.
Since the present cases relate to the appointment of Madathipathi for Thiruporur Thirumadam Sri Chidambara Swamigal Mutt (hereinafter referred to as 'the Mutt' for short) and are inter-connected, they have been heard together and are disposed by this common order.
2. It is borne out from the materials placed on record that the worshippers of the Sri Kandhasamy Temple at Thiruporur in Chengalpattu District had instituted a suit in O.S. No. 13 of 1910 for settlement of a scheme and appointment of a Saniyasi Trustee of the Mutt in which a decree dated 01.11.2010 had been passed by the District Court, Chengalpattu, followed by another decree dated 17.04.1928 passed by that Court in A.S. Nos. 16 and 40 of 1927 arising out of the appeals against the decree dated 25.10.1926 in I.A. No. 93 of 1926 in O.S. No. 59 of 1920 passed by the Sub-Court, Chengalpattu (which are collectively hereinafter referred to as 'Scheme Decree' for the sake of convenience).
3. This Court by order dated 16.12.2019 in the Writ Petition in W.P. No. 34832 of 2019 filed by Thavathiru Chidambara Sonachala Swamigal had directed the Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu (hereinafter referred to as 'the Commissioner' for short) to consider his representation dated 22.04.2019 by issuing notice and conducting enquiry with him and all other interested persons concerned for appointment of the Madathipathi of the Mutt. In compliance of the said order, the Commissioner by proceedings in Na.Ka.No.1573-2/2020/S1 dated 28.05.2020 came to the conclusion that the Madathipathi of the Mutt has to be elected by persons above 18 years belonging to the Veera Saivar sect, who have been enrolled as voters after notifying the same in the District Gazette and two daily newspapers as per the terms of the Scheme Decree, and has appointed the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Kancheepuram, as Fit Person of the Mutt to carry on its administration till election of the Madathipathi takes place.
4. Subsequently, one Durai Bubalan claiming to be an ardent devotee of the Mutt had filed the Writ Petition in W.P. No. 1640 of 2021 before this Court seeking a direction to the Assistant Commissioner, Hindu Religious and Charitable Endowments Deparment, Kancheepuram, to conduct election of the new Madathipathi of the Mutt through a commissioner as per the directions issued by the Commissioner in the proceedings in Na.Ka. No. 1573-2/2020/S1 dated 28.05.2020. This Court by order dated 02.02.2021 recorded the consensus expressed by all parties and directed the process for preparing the voters list be commenced after issuing necessary publication within two weeks and complete the exercise of conduct of election of the Madathipathi of the Mutt within a period of two months thereafter as per the terms of the Scheme Decree.
5. In the meanwhile, one G.Balasubramaniya Iyer has filed a suit in O.S. No. 8 of 2016 in the Sub-Court, Chengalpattu for declaration that he is the Hereditary Trustee (15th Pontiff) of t
The court affirmed that the modification of schemes established under earlier legislation is permissible under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and that the statuto....
The government cannot unilaterally alter the term of trustees without following the statutory procedures outlined in relevant laws; modifications must comply with Section 64(5) of the Act.
Any modification to a religious institution's scheme under the HR & CE Act requires the authority to provide a mandatory hearing to existing trustees and all interested parties, as failure to do so v....
The main legal point established in the judgment is that the HR&CE Department has the power to appoint non-hereditary trustees, but when a scheme is already in force, trustees must be appointed only ....
The main legal point established in the judgment is the Deputy Commissioner's power to modify the scheme under Section 64(5)(a) of the Tamil Nadu Hindu Religious and Charitable Endowments Act.
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
Mere fact that a statutory authority is empowered to follow the procedure as nearly may be in accordance with procedure under C.P.C. to the trial of suits or hearing of appeals, the statutory authori....
The central legal point established in the judgment is the protection of the rights of religious denominations under Section 107 of the Act and Articles 25 & 26 of the Constitution, and the requireme....
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
