Advocates:
['M/S ADITHYA REDDY', '', 'SWARNAM J RAJAGOPALAN', 'M/S S SITHIRAI ANANDAM', '', 'P ESWARAN AND', 'J ROGINI', 'NRR ARUN NATARAJAN']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

W.P. No.17877 of 2016 and

W.M.P.Nos.15570 & 15571 of 2016

Bysani Madhava Chetty's Charity Fund

Having its Office at

No.27, General Muthiah Mudali Street,

Chennai – 79

Rep. By its Hony. Secretary

... Petitioner

Vs

1.The Commissioner,

Hindu Religious & Charitable

Endowment (Admn) Dept.,

Nungambakkam, Chennai -34.

2.The Joint Commissioner,

Hindu Religious & Charitable

Endowment (Admn) Dept.,

Nungambakkam, Chennai – 34.

3.The Assistant Commissioner,

Hindu Religious and Charitable Endowment Dept.,

Chennai – 34.

4.The Executive Officer,

A/M.Byragi Madum,

Thiruvengamudaiyan Venkatesa Perumal Temple,

General Muthiah Street, Chennai 600 007.

5.P.Vijaya

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of Certiorarified Mandamus

to call for the records on the file of the 3^rd respondent in

connection with the order passed by him in his

Proc.No.Se.Mu.Na.Ka.No.2161/2012/Aa2, dated 3.5.16 and quash the

same and direct the respondents not to interfere with the

petitioner Charitable and Endowment activities in any manner.

For Petitioner

: Mr.Adithya Reddy

For Respondents : Mr.T.Chezhian

Additional Govt. Pleader

For R1 to R3 & R5

: Mr.S.Sithirai Anandam (For R4)

https://hcservices.ecourts.gov.in/hcservices/

ORDER

The prayer sought for herein is for a writ of certiorarified

mandamus to call for the records on the file of the 3^rd

respondent in connection with the order passed by him in his

Proc.No.Se.Mu.Na.Ka. No.2161/2012/Aa2, dated 03.05.2016 and

quash the same and direct the respondents not to interfere with

the petitioner Charitable and Endowment activities in any

manner.

2. The petitioner is a Trust formed by one Sri Bysani Madava

Chettigaru by a Trust Deed dated 24.03.1891, which was

registered as a Trust under the Societies Registration Act,

1860.

3. The main object of the Trust is to establish and maintain

libraries of standard Sanskrit and vernacular works,

establishment of institutions to lecture in Sanskrit, to open

Examination Boards to hold Examinations, to create Training

Schools and Colleges, to appoint teacher to hold discourses and

deliver sermons on holy Texts, to encourage cultivation of

Sacred Music, to render help in miscellaneous matters and to

give relief to the needy Thengalai Hindu.

4. The Trust was administered by a Board of Trustees. While

that being so, the Assistant Commissioner, H.R. & C.E.

Department has passed an order on 03.05.2016 invoking Section 49

(1) of the H.R. & C.E. Act by appointing a fit person to the

petitioner Trust. Challenging the same, the erstwhile Trustees

filed this writ petition with the aforesaid prayer.

5. Heard Mr.Adithya Reddy, learned counsel appearing for the

petitioner who raised a point that, insofar as the invocation of

Section 49(1) of the H.R. & C.E. Act is concerned, those

religious institutions or trusts which do not form part of the

list of institutions published under Section 46 alone can be

brought for the purpose of appointment of fit person.

6. In the case in hand, according to the learned counsel for

the petitioner, the petitioner Trust is not fully the religious

institution as apart from the purpose for which to do some

charitable work on religious basis, the petitioner Trust also is

having the object to do some secular activities to the

upliftment of the people at large in the Society.

7. When that being the position, first of all, whether the

institution or the property belongs to the institution having

been dedicated for the purpose of secular activities or

religious activities has to be identified and for the said

purpose, an enquiry to be conducted thoroughly by the Joint

ht