VEDARANYASWAMY DEVASTHANAM Vs. COMMISSIONER

JUDGEMENT

(1.) This Appeal Suit is filed against the judgment and decree, dtd. 7/11/2002 of the learned Subordinate Judge, Nagapattinam in O.S.No.1 of 1983, in and by which, the suit filed by the plaintiffs to set aside and to cancel the order of the first defendant, dtd. 29/7/1982 in A.P.No.63 of 1981, thereby, confirming the order of the Deputy Commissioner, Thanjavur in O.A.No.71 of 1972, dtd. 22/12/1980 and for costs of the suit.

(2.) The first plaintiff namely, Sri-la-Sri S.Kadirkama Pandara Sannathi, by virtue of his status and position as the Hereditary Managing Trustee of Arulmighu Vedaranyeswaraswamy Thiruvkkovil at Vedaranyam, originally, the second plaintiff, as the head of the Varani Adheenam, along with his eldest son, being the third plaintiff, have filed the above suit under Sec. 70 of The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959) with the above prayer. The Commissioner, H.R. & C.E., is arrayed as the first defendant, while the eligible and competent male descendants of the Sage-Ancestor called Sri-la-Sri Thillainayaga Thambiran of Varani in Jafna district of Sri Lanka, constituting to what is called as Varani Adheenam, are arrayed as defendants 2 to 24 in the suit. The said Varani Adheenam at Varani, in the district of Jafna in Sri Lanka, is a religious order consisting of the male descendants either through sons or daughters, natural born or adopted of the Sage-Ancestor called Thillainayaga Thambiran Swamigal of Varani. The said Adheenam is a matam by itself and the trusteeship, the administration of the properties and the conduct of the functions and festivals in the temple namely, Sri Vedaranyaswamy Devasthanam at Vedaranyam (hereinafter referred to as 'the temple') are vested absolutely in the said Varani Adheenam from time immemorial. The said Varani Adheenam has a very long, ancient, and historical tradition and has a glorious past. The temple is also a very ancient, celebrated and a renowned one, sung in hymns by Nalwars and other Tamil Saints and Sages. The said Thillainayaga Thambiran Swamigal, who was the sole Hereditary Managing Trustee, purchased 300 velis of wet land in the village of Kunnalur in Tiruturaipundi Taluk and dedicated the same to the temple. They also acquired the Thirappu lands, which are now held by the temple. The said Thillainayaga Thambiran Swamigal also undertook vast and extensive Thiruppani by using rock-cut stones. The inscriptions in respect thereof are found in the temple. The management of the said temple and its associated temples which were vested entirely in the said Varani Adheenam is now governed by a Court scheme framed in O.S.No.6 of 1993, on the file of the Temporary Sub Court, Thanjavur and confirmed with some modifications by the judgment and decree of this Court in A.S.Nos.121 and 122 of 2019. While so, after The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 was enacted, a departmental scheme was introduced, in which, there was a provision to appoint non-hereditary trustees which was framed on 7/7/1957. However, the said provision remained a dead letter without being put into use. In any event, it was inoperative and void. The second departmental scheme was framed on 6/4/1963 in O.S.No.60 of 1960. The said departmental scheme had since been superseded by the third departmental scheme made in O.A.No.71 of 1972 dtd. 22/12/1980. The appeal filed in A.P.No.63 of 1981 was dismissed by order dtd. 29/7/1982. The said original order is not a speaking order and hence an appeal was preferred which was also dismissed by the first defendant.

(3.) It is the contention of the plaintiffs that no notice was taken out at any stage of the proceedings initiated under Sec. 64 of the Act and the interested persons were treated as third parties. Therefore, in the absence of service of proper notice to all or any member of Varani Adheenam or Varani Adheenam itself, the proceedings are null and void. The order of the Deputy Commissioner does not show any reason justifying the appointment of Executive Officer or Additional non-hereditary trustees. There was neither any complaint or mal-administration nor anything had been found wanting. There was absolute cooperation from the side of the hereditary trustee. The Deputy Commissioner was incompetent to modify or cancel the scheme framed by the High Court. Thus, the office of the hereditary trustee, its rights and powers, functions and obligations and duties vis-a-vis the temple had been rendered totally powerless and useless. The Board of Trustees can be constituted only from the members of the Varani Adheenam. The other clauses, such as requiring Rs.50,000.00 as security and vesting undue powers on the Executive Officers are also illegal and hence, the suit.