VEDAPATASALA TRUST, SOORAMANGALAM, BY TRUSTEE S. GURUSWAMI IYER AND ORS. Vs. THE STATE OF TAMIL NADU REPRESENTED BY THE COLLECTOR AND ORS.

JUDGEMENT

(1.) ONE of these cases has been referred to a Bench by Ratnavel Pandian, J.

(2.) ALL these Civil Revision Petitions filed under Section 83 of the Tamil Nadu Act LVIII of 1961 read with Section 115 of the Code of Civil Procedure raise a. common question namely, whether the public trusts involved in these Civil Revision Petitions running the Vedapatasalas would come within the scope of Section 2 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. Tamil Nadu Act LVIII of 1961 hereinafter referred to as the Act. Before we refer to the relevant statutory provisions, we shall refer to the findings of the Authorised Officer (Land Reforms) and the Land Tribunal on appeal. In C. R. P. No. 1012 of 1976 the Tribunal has found as a fact that the trust in question was conducting Vedapatasala and the trust itself was known as Vedapatasala trust Sooramangalam. We shall refer to the findings in C. R. P. No. 1453 of 1976 after referring to the facts in the other three cases. In C. R. P. No. 146 of 1979 admittedly the trust is functioning under a scheme and the trust is conducting a Vedapatasala to impart Vedas, Agamas and allied subjects among others. In C. R. P. No. 532 of 1979, again the trust in governed by a scheme decree passed by the Sub Court, Kumbakonam in O. S. No. 90 of 1916 and under the scheme decree, a Yajurveda Patasala was being maintained. In C. R. P. No. 804 of 1979. The trust itself was called as Doraisami Iyer Meenakshi Ammal Vedapatasala Dharmam and it provides for the Establishment and maintenance of Vedapatasalai. There is no dispute in these four Civil Revision Petitions of the fact that a Vedapatasalai is being run by the respective trusts in question. We shall now take up the facts in C. R. P. No. 1453 of 1976. The trust in this case is called as Perugavazlindan (Sri Annapoorni Amman and Anna Chatram) in Mannaigudi taluk and the trust was said to consist of the performance of poojas to the idols of Annapoorni Amman, Ummamaheswarar, Maha Ganapathi, Maha Vishnu and Salagramam in the Chatram besides the running of the Vedapatasala and the feeding of four Desanthries daily. The Authorised Officer refers to the evidence of P. Ws. 1 to 3 who spoke to the performance of these functions in the Chatram and observes:

(3.) HOWEVER as far as the present cases are concerned there is a definition of religions institution 'in Section 3(36 -B) of the Act and therefore for the purpose of section (1) (i) it is that definition that will apply as far as Section 2(1) (ii) is concerned. The Act itself has not defined what is a religious trust of a public nature. Consequently, we have to construe the provision according to its ordinary meaning and its natural tenor. The imparting of instructions in Vedas and Agamas is certainly of religious nature. Therefore, whenever a trust which is of a public nature provides for the imparting of instructions in Vedas and Agamas, certainly that will be religious trust of a public nature and the imparting of instructions in Vedas and Agamas cannot be anything other than of religious nature.