K AMBIKA Vs. R RAMALINGAM

JUDGEMENT

(1.) As the challenge in both the writ appeals is common, they are taken up together for disposal by this order. The question raised in these writ appeals is as to whether the words "due regard to the claims of persons belonging to the religious denomination for whose benefit the institution concerned is chiefly intended or maintained" employed in Section 51(b) and in the proviso to Section 64(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 would mean that the persons from other communities are excluded for consideration of appointment as non-hereditary trustee or trustees in respect of a public temple.

(2.) A scheme was framed in respect of Arulmighu Angala Parameswari and Kasi Vishwanathar Temple, Choolai, Chennai by the scheme decree of this Court dated 26.4.1926 in C.S.No.984 of 1922. Clause (1) of the said decree states that the said temple is a public temple, where the public have a right to worship. Clause (10) of the schedule to the scheme states that "the Dharmakarthas shall be the members of the Viswabrhmha community residing in Madras and they shall be three in number".

(3.) At the instance of one N.Kandasamy Achari and six others, the said scheme was modified in the year 1961, whereby clause (3) provided that the appropriate authority shall appoint trustees not exceeding five in number and while making such appointment, the authority shall give due regard to the claims of Viswabrhmha community in terms of Section 51 of the Hindu Relgious and Charitable Endowments Act, 1959. That scheme was approved by the Joint Commissioner, Hindu Religious and Charitable Endowments Department in his order dated 25.8.99 in O.A.No.1 of 1996 when the same was questioned by one B.Natesa Achari and eight others. By the above proceedings, the total number of trustees shall not exceed five and in the appointment of trustee or trustees, due regard shall be given to the claims of Viswabrhmha community people in terms of Section 51.