THE DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPARTMENT, CATHETRAL ROAD, THANJAVUR TOWN AND MUNICIPALITY Vs. KANNAN ALIAS KANNIAN

JUDGEMENT

(1.) The defendants in the suit in O.S.No. 54 of 1990 on the file of the Principal Subordinate Court, Thanjavur, are the appellants in the above Second Appeal.

(2.) The respondent in this appeal filed a suit in O.S.No. 54 of 1990 on the file of the Principal Subordinate Court, Thanjavur, to set aside the order passed by the second defendant in A.P.No.61 of 1986, dated 06.07.1989 and for consequential relief. This suit is a suit filed under Sec. 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The respondent earlier filed an application in O.A.No.35 of 1985 under Sec. 63(a) of the Tamil Nadu Hindu Religious and Charitable Endowments Act for a declaration that Arulmigu Ramalinga Swamy Samathi in Puthur Village, Papanasam Taluk, Thanjavur District is not a religious institution coming under the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. This application was dismissed by the first defendant in the suit namely the Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, by order dated 27.06.1986. As against the said order, the respondent herein filed an appeal before the second defendant namely the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, as provided under Sec. 69(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The second defendant also confirmed the order of the Deputy Commissioner, Hindu Religious and Charitable Endowments Department and hence, the respondent herein filed the suit in tune with Sec. 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. In the plaint, the respondent has reiterated his case before the Deputy Commissioner, in the application filed under Sec. 63(a) of the Act.

(3.) It is the consistent case of the plaintiff that the small institution known as Ramalinga Swamy Samathi situate in Puthur Village in Papanasam Taluk, is not a temple or a religious institution as defined under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Though it is not a mutt, according to the respondent, Shri Ramalinga Swamy Samathi cannot be considered as a religious institution.