S BABAJI RAJAH BONSLE CHATRAPATHY HEREDITARY TRUSTEE PALACE DEVASTHANAM THANJAVUR Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT NUNGAMBAKKAM

JUDGEMENT

(1.) THE appellant is the Senior Prince of the Hereditary trustee Palace Devasthanam, Thanjavur and also Senior Prince of the Thanjavur mahrata Royal Family, representing the senior branch of the same. His father, sivaja Rajah predeceased his grandfather, Rajaran Rajah Sahib. As the eldest member of the eldest branch of the Royal Family, the appellant is now occupying the office of hereditary trustee of Thanjavur Palace Devasthanam. While so functioning, the first respondent, Commissioner of the Hindu Religious and Charitable Endowments Department, Madras , issued the impugned order no. 166451/88 H. 3 dated 7th Feb. , 1989. By the said circular, it was ordered to take prior approval of the Commissioner, prior to filling up the vacancies of office holders and servants in the Devasthanam. It was received by the treasurer and Manager, but was not brought to the notice of the appellant and having come to know of the same some time later, he challenged the circular dated 7th Feb. , 1989, on the ground that the Commissioner has no jurisdiction to issue such order as it will amount to amendment of Section 55 of the Tamil nadu Hindu Religious and Charitable Endowments Act, 1955 (hereinafter referred to as'act, 1955') and as no such power is delegated to the Commissioner. Learned single Judge, by impugned judgment upheld the circular dated 7th Feb. , 1989, and dismissed the writ petition on the ground that the Commissioner has power of superintendence in respect of temple and religious endowments u/s 23 of the Tamil Nadu Hindu Religious and Charitable endowments Act, 1955.

(2.) LEARNED counsel for the appellant submitted that the proceedings of the first respondent is absolutely contrary to law; the appellant is holding the office of hereditary trustee as is held to be a property and the duties attached to such office is framed under the scheme. The thanjavur Palace Devasthanam is administered by a decree of Court and any amendment to such scheme would amount to amendment to a decree passed under the scheme suit. He placed reliance on Section 55 of the Act, 1955, wherein trustee has been delegated with the power to fill-up the post of office holders and servants in religious institutions. LEARNED counsel appearing on behalf of the State again relied on Section 23 to suggest that the Commissioner having power of superintendence, could pass such order.