LAKSHMINDRA THEERTHA SWAMIAR OF SRI SHIRUR MUTT AND Vs. COMMISSIONER HINDU RELIGIOUS ENDOWMENTS MADRAS

JUDGEMENT

(1.) This and the other connected petitions relating to the Guruvayur temple and the Chidambaram temple were heard together as they all raised the question of the validity of the Madras Hindu Religious Endowments Act, 1926, Act II of 1927 (hereinafter called the "earlier Act"). While these petitions were pending, the Madras Hindu Religious and Charitable Endowments Act, 1951 (Act XIX of 1951) (hereinafter called the new Act) which repealed the earlier Act was brought into force by the Madras Government on 30th September 1951 by a notification in the Fort St. George Gazette- Leave to amend the petitions was granted to the petitioners and they have been permitted to canvass the validity of the new Act as well. Mr. M. K. Nambiyar who appeared for the trustee of the Guruvayur temple argued his petition first and Mr. Alladi Krishnaswami Aiyar and the learned Advocate-General replied to that petition after which the petition relating to Guruvayur temple was allowed to be withdrawn as the Government agreed to cancel the decision to notify the temple and to permit the trustee to function. The arguments addressed by Mr. Nambiyar were adopted by the petitioners in the remaining petitions and they further supplemented the arguments addressed by Mr. Nambiyar.

(2.) It will be convenient to deal with C. M. P. No. 2591 first as it relates to a mutt & covers a wider field than the petition relating to the Chidambaram temple. Some of the arguments are common to both the petitions, particularly the scope of the articles of the Constitution relied on in support of the petitions as having been infringed by the earlier and the later Acts and also the effect of the two Acts on the rights of the petitioners.

(3.) C. M. P. No. 2591 of 1951 was filed by the Matathipathi of Shirur Mutt in the South Kanara District, praying that this Court should issue a writ of prohibition prohibiting the respondent, viz., the Hindu Religious Endowments Board, Madras by its President from proceeding with O. A. No. 471 of 1950 to frame a scheme for the administration of the mutt. Under Section 103 of the new Act, the notifications and orders issued under the earlier Act are treated as notifications or orders made, issued and passed by the appropriate authority under the corresponding provisions of the new Act and as the place of the President, the Hindu Religious Endowments Board, Madras, was taken by the Commissioner appointed under the new Act, the Commissioner, Hindu Religious Endowments Board, Madras was added as a party in place of the Board by C. M. P. No. 11917 of 1951 with the leave of Court. The relief, therefore, claimed against the Board is treated as a relief against the newly appointed Commissioner of the Hindu Religious and Charitable Endowments, Madras.