Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 61289

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. Nisha Banu, S. Srimathy, JJ
Arulmigu Meenakshi Sundareswarar Temple, Represented by its Executive Officer/ Joint Commissioner, Madurai – Appellant
Versus
Sree Sooravalli Subbaier Charities, Represented by its Hereditary Trustee, M.S.Sankaran @ M.S.Sankar, Son of Subramania Iyer, No.1-13, Shanthi Sadan, Melakkal Main Road, Kochadai, Madurai – 625 016 – Respondent
W.A(MD)Nos.1334 to 1338 of 2024 | C.M.P.(MD).Nos.10450, 12190, 11925, 11932, 10447, 10446, 10451, 10448, 14448, 14447, 11888, 11891 of 2024

Advocates:
For the Appellants/Petitioners:Mr.Veerakathiravan Additional Advocate General, Mr.V.R.Shanmuganathan, Mr.J.Ashok, Mr.T.R.Rajagopalan, Mr.N.C.Ashok Kumar, Mr.V.Karthik, Mr.Babu Rajendran, Mr.V.Raghavachari, Mr.M.Saravanan
For the Respondents:Mr.J.Ashok, Mr.Veerakathiravan Additional Advocate General, Mr.V.R.Shanmuganathan

The trust properties of Sree Sooravalli Subbaier Charities are not dedicated to any temple and any actions to sell or manage these properties without proper sanction under the Hindu Religious and Charitable Endowments Act are void.

Headnote:(A) Hindu Religious and Charitable Endowments Act, 1959 - Sections 34 and 53 - Specific endowment - Disputes regarding the management of Sree Sooravalli Subbaier Charities - Trust properties not dedicated to temple; they are subject to a charge - Illegal removals and sales by trustees without proper sanction - Performance of public charities outlined in Scheme Decree, binding on the parties. (Paras 1-28)

(B) Writ Appeals - Jurisdiction - The scheme decree from civil court is binding and should not be interfered with by HR&CE authorities absent jurisdiction. (Paras 1-28)

Facts of the case:
This judgment arose from multiple Writ Appeals challenging the management of a charitable trust originally established in 1842. The trust was alleged to have faced mismanagement and improper sales of properties without requisite permissions under relevant statutes.

Findings of Court:
The Court confirmed that the properties of Sree Sooravalli Subbaier Charities are not dedicated to any temple but remain under a charge for specific public charitable purposes. The actions taken by the HR&CE authorities were deemed unauthorized.

Issues: The main issues involved the ownership status of the trust properties, the jurisdiction of the HR&CE department, and whether the actions of the trustees were legally permissible under the applicable laws.

Ratio Decidendi: The court emphasized that the interpretation of the Scheme Decree determined that the trust and its properties were not subject to the claims made by HR&CE authorities, confirming the trust's legacy under civil court judgement.

Result: Writ Appeals dismissed, confirming the lower court's orders.

Table of Content
1. nature and composition of the writ petitions. (Para 1 , 2 , 3)
2. historical background and management of the sooravalli subbaier charities. (Para 4)
3. arguments regarding the management and rights over trust properties. (Para 5)
4. contentions regarding the interference with trust property and management. (Para 6)
5. response to the appellants’ claims about the trust's management. (Para 7)
6. court's clarifications on jurisdiction and relevant legal principles. (Para 8 , 9 , 10 , 11)
7. conclusion affirming previous court orders and setting aside appeals. (Para 12)

COMMON JUDGMENT

J. NISHA BANU, J., & S.SRIMATHY, J.,

Since the issue arising in all the writ appeals are based on the same set of facts, they are taken up for hearing altogether and disposed of by this common judgment.

2. For the purpose of comprehension, the prayers sought for by the writ petitioner in various Writ Petitions filed before this Court are tabulated as under:-

Sl. No.	Particulars	Prayer sought for	Relief Granted
(1)	W.P.(MD) No.1445 of 2023	Filed by Sree Sooravalli Subbaier Charities, seeking to forbear the appellants/respondents from interfering with the performance of various charities performed by the petitioner and enjoyment of the properties of Sree Sooravalli Subbaier Trust as per the Scheme Decree dated 06.09.1934 passed in O.S.No.32 of 1932 on the file of Additional Subordinate Court, Madurai and also to direct the respondents to remove the notice board placed in front of the aforesaid property belonging to the petitioner.	Citing the allowing of earlier writ petitions filed by Sree Sooravalli Subbaier Charities in W.P.(MD) Nos.8643/2023 & 10015 of 2023, the Writ petition was allowed.

Sl. No.	Particulars	Prayer sought for	Relief Granted
(2)	W.P.(MD) No.26248 of 2022	Filed by N.Jegatheesan, N Rajendran & N.Karthikeyan seeking to quash the communication of R1, dated 21.03.2022 and consequently direct R1 to register the documents of the petitioners.	Impugned refusal check slip was quashed and the matter was remitted to the file of R1 for enquiry and final order to be passed within a period of twelve weeks. Writ petition was allowed.
(3)	W.P.(MD) No.8643 of 2023	Filed by Sree Sooravalli Subbaier Charities seeking the relief of declaration that the disciplinary proceedings initiated against one M.S.Sankaran @ M.S.Sankar by the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai should be declared as without jurisdiction and to declare the same as contrary to the scheme decree dated 06.09.1934 passed in O.S.No.13 of 1932 on the file Subordinate Court, Madurai.	Writ Petition was disposed of.

Sl. No.	Particulars	Prayer sought for	Relief Granted
(5)	W.P.(MD) No.21329 of 2023	Filed by Sree Sooravalli Subbaier Charities forbering the respondents from interfering with the affairs of the petitioner Trust, which is functioning as per the terms of scheme decree dated 06.09.1934 passed in O.S.No.13 of 1932 on the file Subordinate Court, Madurai.	Writ petition was allowed.

3. Aggrieved against the above orders passed in the various Writ Petitions, the following writ appeals have been filed:-

Sl. No.	Particulars	Prayer sought for
(1)	W.A.(MD) No.1334 of 2024	Filed by the Temple Authorities, namely Arulmighu Meenakshi Sundareswarar Temple & Arulmighu Subramaniya Swamy, Tiruparamkundram, Madurai against W.P.(MD) No.1445/23 dated 21.06.2024.
(2)	W.A.(MD) No.1335 of 2024	Filed by E.O./Joint Commissioner for Arulmighu Meenakshi Sundareswarar Temple against W.P.(MD) No.26248 of 2022 dated 21.06.2024.
(3)	W.A.(MD) No.1336 of 2024	Filed by the Temple Authorities, namely Arulmighu Meenakshi Sundareswarar Temple & Arulmighu Subramaniya Swamy, Tiruparamkundram, Madurai against W.P.(MD) No.8643 of 2023 dated 21.06.2024.
(4)	W.A.(MD) No.1337 of 2024	Filed by the Temple Authorities, namely Arulmighu Meenakshi Sundareswarar Temple & Arulmighu Subramaniya Swamy, Tiruparamkundram, Madurai against W.P.(MD) No.10015 of 2023 dated 21.06.2024.
(5)	W.A.(MD) No.1338 of 2024	Filed by the Templ

Click Here to Read the rest of this document

2025 Supreme(Online)(Mad) 61289

The trust properties of Sree Sooravalli Subbaier Charities are not dedicated to any temple and any actions to sell or manage these properties without proper sanction under the Hindu Religious and Charitable Endowments Act are void.

Cases Referred (1)