SRI LA SRI SUBRAMANIA DESIKA GNANASAMBANDA PANDARA SANNATHI, HEREDITARY TRUSTEE OF THE RAJAN KATTALAI SRI THYAGARAJASWAMI KOIL Vs. THE STATE OF MADRAS, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT AND ANR.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for calling for the papers relating to G.O. No. 3069 (Revenue), dated 4th August, 1956, for declaring that the Amending Act IX of 1956 and the aforesaid Government Order issued thereunder are ultra vires and inoperative to the extent to which they affect the rights of the petitioner, and for the issue of a writ of prohibition or other appropriate writ directing the Commissioner of Hindu Religious and Charitable Endowments, Madras, and the officials under him to forbear from further interference with the rights of the petitioner as hereditary trustees of Rajan Kattalai pertaining to Sri Thyagarajaswami Temple, Thiruvarur.

(2.) IN the town of Thiruvarur in the Thanjavur District there is an ancient temple noted alike for its beauty and sanctity. The presiding deity of this temple is Sri Thyagarajaswami. The peculiar feature of the temple is that apart from an allowance called the Mohini allowance, there is no other property which can now be said to be devoted for its general purposes. There are, however, a number of specific endowments or kattalais relating to the various services in the temple, its festivals and for conducting several charities in glorification of the principal deity. It is said there are 13 such kattalais : the most important of them are four, namely, Rajan Kattalai, Ulthurai Kattalai, Abisheka Kattalai and Annadanam Kattalai. Large extents of properties have been endowed for each of these kattalais. It is not known when and by whom such endowments were made. It is claimed on behalf of the petitioner that the endowments were made by the Native Rulers who reigned Thanjavur before the establishment of British Rule. The management of each of these kattalais is vested in a certain trustee or trustees hereditarily. The trusteeship of Rajan Kattalai is with the head of Dharmapuram mutt in the Thanjavur District. In one of the numerous inscriptions found in the temple, the connection between the Pandarasannadhi of Dharmapuram with Sri Thyagarajaswami temple of Tiruvarur is referred to " The Tanjore District Handbook " published by the Government in 1957 at page 414 states:

(3.) ALTHOUGH a kattalai is a specific endowment in respect of which it would be competent for the founder to prescribe the line of trustees for its management, the property endowed for the performance of the kattalai cannot be held to be transferred in trust to the trustee vesting the legal estate therein in him : it vests in the deity itself. The position of a kattalai trustee therefore would be nothing more than that of a manager of a Hindu Religious Endowment.