TAMARAKULAM VELLALA SAMUDHAYAM ARYA KULASEKHARA NANGAI AMMAN TEMPLE TRUSTEE SUBRAMANIA PILLAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff in O. S. No. 119 of 1971 in the Court of the Subordinate Judge of Nagercoil. The suit was for a declaration that the Thamarakulam Vellala Samudhaya Arya Kulasekhara Nangai Amman Temple Trust is a denominational Trust belonging to the Vellala Samudayam Community residing in Thamarakulam Village, and for a permanent injunction restraining the State of Tamil Nadu and the Commissioner, Hindu Religious and Charitable Endowments, from interfering with the management. There was also a prayer for restraining the defendants from realising any dues or collection from the Trust properties or from disturbing the possession of the properties in the hands of the Trustees.

(2.) IT was stated in the plaint that the Trust owns temple, movable and immovable properties. The management of the temple and the administration of its properties were alleged to be in the hands of the "Samudayam" through the elected representatives of the community. IT was claimed that the maintenance of such an institution as a denominational one was guaranteed by Article 26 of the Indian Constitution and section 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act XXII of 1959. Reference was made to a scheme framed by the District Court of Nagercoil in O. S. No. 162 of 1123 and it was stated that the department of Hindu Religious and Charitable Endowment had no right to interfere with the management and administration of the institution and its properties. The claim for audit fee and contribution was thus resisted.

(3.) THE following issues were framed by the trial Court: "1. Whether the suit temple is a denominational one exclusively belonging to the Vellala Community of Tamarakulam" 2. Whether the temple is a Public Religious Institution within the meaning of Tamil Nadu Act XXII of 1959" 3. Whether the 2nd defendant has powers of general supervision and control, even if it is a denominational institution and the institution is liable to pay lawful dues to D-2" 4. Whether plaintiff is entitled to the injunction prayed for"