THE STATE OF MADRAS BY THE SECRETARY, REVENUE DEPARTMENT AND ANR. Vs. THE URUMU SESHACHALAM CHETTIAR CHARITIES BY ITS BOARD OF TRUSTEES AND ORS.

JUDGEMENT

(1.) THIS is an appeal preferred by the State against the judgment of our learned brother Balakrishna Ayyar, J., in which he held that the charitable trusts founded by Urumu Seshachlam Chettiar did not constitute Hindu Public Charitable Endowments within the scope of the Madras Hindu Religious and Charitable Endowments Act (XIX of 1951). The learned Judge directed the issue of a writ of certiorari to set aside the Notification, dated 20th September, 1957, issued by the Government under Section 3 of that Act, extending the provisions of that Act to these charities. That Act has since been repealed and has been replaced by the Hindu Religious and Charitable Endowments Act (XXII of 1959). There has been no change in the relevant statutory provisions we have to consider in this appeal. We shall refer to the statutory provisions of Act XIX of 1951, and we shall refer to it as the Act in the rest of this judgment.

(2.) PARAGRAPH 4 of the Trust deed, dated 12th November, 1952, executed by Urumu Seshachalam Chettiar provided:

(3.) BALAKRISHNA Ayyar, J., pointed out that the Vidyalayam referred to in paragraph 7 (a) of the Trust deed was not a wholly Hindu institution, but it was open to members of other communities as well. The learned Judge referred in particular to Clauses (a), (e), and (e) of paragraph 4 of the Trust deed, and his finding was: