THIRUGNANAM PONDICHERRY Vs. THULUVA VELLALA MUNNETRA SANGAM VILLIANUR

JUDGEMENT

(1.) THIS Writ Appeal is directed against the judgment of the learned single Judge in Writ petition No. 324 of 1986 decided on 25-9-1986.

(2.) SHORN of details, the writ appeal has arisen under the following circumstances: The writ Petitioner is the Thuluva Vellala Munnetra Sangam, Villianur. Pondicherry. A lady by name Anandammal, wife of Venkataswami Mudaliar established a trust called ?Anandammal Adheena Dharma Stabanam? situated at Villianoor, Pondicherry. She provided also the manner and means by which the office of the administrator of the trust was to be filled up. The administrator nominated under her wilt died in 1932. An administrator was not appointed in terms of the trust deed by the community, and the Government, it appears, vide: G.O.Ms. No 75 dated 17-10 1975 appointed certain persons as t rustees of the aforesaid trust. The notification of the Government was challenged in Writ Petition No 6754 of 1975. While disposing of the Writ Petition, certain directions were given, and the same led to the filing of O S. No. 124 of 1975 before the Sub Court, Pondicherry for a declaration that Anandammal Adheena Dharma Stabanam was a private charitable trust and that the Hindu Religious & Charitable Endowments Act (Pondicherry Act 10 of 1972) was not applicable to the private trust. An injunction was also sought in the said suit restraining the Union of Pondicherry from interfering with the running and management of the property of the trust. The suit was decreed. It was declared that the trust was a private charitable trust. It was also held that Pondicherry Act 10 of 1972 did not apply to the trust. Notification in G.O.Ms. No. 75 dated 17-10-1975 was set aside as illegal and a decree for permanent injunction was granted. Against the judgment and decree of the Sub-Court, an appeal was preferred before the district court at Pondicherry which was, however, compromised and a decree was passed to the following effect : ?1. The appellant consents the rights of the respondents that only the members of the Thuluva Vellala Community had the right to be appointed as Trustees. 2. The Administration and management of the Anandammal Adheena Dharma Stabanam is a public charity and is subject to the control of the Government as per the Ordinance and approval dated 3-1-1982.