VASUDEVA PALAMANGALATHAYA Vs. STATE OF KERALA & ANOTHER

JUDGEMENT

(1.) THE prayers in this petition under Article 226 of the Constitution, by the managing trustee of a temple, are to bring up the records for quashing a demand made on him, under Section 76, sub -sections (1) and (2) of the Madras Hindu Religious and Charitable Endowments Act, 1951, as amended by the Amendment Acts XXVII of 1954 and IX of 1956, hereinafter referred to as the Act, for the payment of contribution and audit fee, in respect of the temple, and to strike down the above provisions of the Act as ultra vires the powers of the Legislature of the State which passed it. Section 76 (1) and (2), as they now stand, may be extracted below:

(2.) AFTER the decision in Commissioner, Hindu Religious Endowments, Madras v L.T. Swamiar of Sri Shirur Mutt was rendered, sub -sections (1) and (2) of Section 76 were re -enacted in the form in which they now stand, and Chapter IX entitled "Endowments Administration Fund", in which Sections 80 and 81, which are relevant for the present purpose find a place, was introduced into the Act, by the Amendment Act XXVII of 1954. Sections 80 and 81 (1) and (2) are reproduced below: