LA SRI AJABANATESSARA PANDARA SANNADHI, HEREDITARY MADATHIPATHI AND ATHEENAKARTHAR OF VELAKURICHI MUTT AND HEREDITARY MANAGING TRUSTEE OF SRI AGNEESWARASWAMI DEVASTHANAM, TIRUPPUGALUR AND SRI RUDRAPATHEESWARA DEVASTHANAM Vs. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS

JUDGEMENT

(1.) These two petitions are filed by the petitioner, who is the hereditary trustee of the two temples for the issue of writ of mandamus directing the Commissioner, Hindu Religious and Charitable Endowments, Madras, to forbear from making any appointment of non-hereditary trustee for the two temples except in accordance with the provisions of Section 47(2) of the Hindu Religious Endowments Act, 1959.

(2.) In l933 the Board of Commissioners for Hindu Religious Endowments filed the suit, O.S. No. 7 of 1933 in the Court of the District Judge of East Thanjavur, Nagapattinam, for modifying the schemes already framed in respect of the suit temples against the petitioner's father and three others on the ground that they were mismanaging the temples. A decree was passed in that suit on 23rd April, 1935 framing a revised scheme. The scheme provided for the appointment of a Board of three trustees, one being the father of the petitioner as the hereditary trustee and two other trustees who were to be non-hereditary trustees. Subsequently the Hindu Religious and Charitable Endowments Act of 1951 was passed repealing the 1926 Act. But the new Act provided that all the schemes settled under the 1922 Act shall be deemed to have been settled under the corresponding provisions of the Act. Thus the scheme framed in the suit was deemed to have been settled under the 1951 Act. Subsequently the 1959 Act was passed and it also provided that the schemes that were deemed to have been settled under the Act of 1951 shall be deemed to have been settled under the corresponding provisions of the 1959 Act.

(3.) After the 1959 Act came into force on 9th September, 1960 the Commissioner, Hindu Religious and Charitable Endowments appointed one Radhakrishna Naidu as the trustee for a period of 5 years in pursuance of the scheme, read with Section 47 of Act XXII of 1959. On 6th October, 1960 another non-hereditary trustee was appointed under the same provisions. On 29th June, 1965 the Assistant Commissioner issued a notice calling for applications for appointment as non-hereditary trustees for the two temples. This notification is challenged as being contrary to the provisions of Section 47(2) of the Act and therefore illegal.