SHANMUGA DESIGN GNANASAMBANDA PANDARASANNADHI AVARGAL AND HEREDITARY TRUSTEE OF RAJAN KATTALAI ATTACHED TO THIYAGARAJASWAMI DEVASTHANAM AT TIRUVARUR Vs. STATE OF MADRAS

JUDGEMENT

(1.) SRI Thiyagarajaswami Temple of Tiruvarur is a very ancient one in Southern India. In the temple Pooja or worship has to be done almost throughout the day. There are daily services, the extraordinary services prescribed for a particular week and a particular month and the celebration of the annual festivals. The daily services are 6 in number spread over the day from morning to midnight. There are forms and rituals to be observed with regard to the several services of the day, the weekly, the monthly and extraordinary services and celebration of festivals. The peculiar features 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 purpose. There are, however, a number of specific endowments or Katalais relating to the various services in the temple, its festivals and for conducting several charities in glorification of the pagoda of SRI Thiyagarajaswami. The main object of the several Kattalis seems to be to keep the services and the festivals going and to have everything tidy and orderly within the precincts of the temple and to enable the various duties within the temple to be performed regularly and punctually. Each Kattalai has its own Trustee and separate properties are endowed in connection with each Kattalai. There are thirteen of such Kattalais. The most important of them are four viz., Ulthurai Kattalai, Abhisheka Kattalai, Annadhana Kattalai and Rajan Kattalai. It is not known when and by whom properties have been endowed for these Kattalais, It is claimed that the endowments were made by the Native Rulers who reigned Thanjavur before the advent of British Rule. The management of each of these Kattalais is vested in a certain Trustee or Trustees hereditarily. The trusteeship of Rajan Kattalai vests in the Head of the Dharmapuram Mutt who is the appellant in A.S.Nos.647 and 648 of 1993 herein. The trusteeship of the Abhisheka Kattalai and Annadhana Kattalai is vested in the Head of the Velukurichi Mutt in Tirunelveli District, the present appellant in A.S.No.176 of 1984 before us. With regard to the services connected with Rajan Kattalai, the Head of Dharmapuram Mutt generally functions through a deputy known as, Kattalai Thambiran.

(2.) THOUGH technically speaking the temple has no income of its own and has to depend for all its services on the proper performance of the trusts connected with the Kattalais, still for all practical purposes the Ulthurai Kattalai represents the temple proper-its object being the internal management of the temple. Mohini allowance is the only source of income for this Kattalai. The other Kattalais contribute their share of services or things in the various stages of the daily worship and in the various festivals of the temple. The extent of their liability is determined by usage and is ascertained from the dhittam prepared by each Kattalai, in connection with the daily worship and festivals. Admittedly the several Kattalais came into existence at different times and have been managed separately for a long time, probably for centuries. Certain copper plate grants by which some of the lands of the Rajan Kattalai were endowed are available. The trustees of some Kattalais have added to be originally endowed lands by further purchases, out of the savings from their income.

(3.) THIS Act was amended by Madras Act IX of 1937 by introducing a new Chapter IV-A. That provided that notwithstanding that a temple or specific endowment attached to a temple was governed by a scheme previously framed by the Board or settled by a Court the Board if it were satisfied that the temple or endowment was being misman aged and that in the interests of the administration of the temple or endowment, it was necessary to take proceedings under this chapter, might 'notify'the temple or endowment. And on the publication of such notification the administration of the temple or endowment would go under the control of the Board notwithstanding the scheme which might have been framed already. On taking management of a notified temple or endowment the Board was authorised to appoint an Executive Officer would virtually displace the trustee and would function under the control of the Endowment Board. The result of the notification in substance would be that the previously existing scheme would be suspended and the management would vest in the Board. Shortly after the passing of Act IX of 1937 proceedings were initiated by the Hindu Religious Endowments Board for the purpose of notifying Sri Thyagarajaswami Temple of Thiruvarur and the Kattalais attached there to. The trustees of the various Kattalais opposed this step: but their objections proved fruitless. By Notification No.638, dated 25th May, 1937, the Government declared that Sri Thyagarajaswami Temple at Thiruvarur and the specific endowments attached thereto would be subject to the provisions of Chapter VI-A of the Act. An Executive Officer was appointed by the Board on 12th July, 1937, for the temple as well as for the specific endowments attached thereto. On 30th July, 1937, the Board defined the powers of the Executive Officer and directed him to take charge and be in possession of the properties of the temple and the various Kattalais attached thereto and subject to the provisions made in its order, the Executive Officer was authorised to exercise all powers and perform all duties of a trustee of a non-execepted temple. THIS left the trustees of the various Kattalais with very little powers. Beyond a right to be consulted and to offer suggestions for modification of budgets and to receive honours and perquisites no other powers were given to them.