RAMASWAMI PANDARAM AND ANOTHER Vs. VASUDEVA REDDIAR

JUDGEMENT

(1.) This petition has been filed by the hereditary trustees against the order of the District Magistrate, Salem, directing delivery of possession of the temple and accounts to the respondent. The revision petitioners claim to be the hereditary trustees of Sri Palaniandavar temple, Panamarathupatti Village, Salem Taluk. The respondent has been appointed as the Managing trustee of the temple by the Hindu Religious and Charitable Endowments Board. The respondent filed a petition before the District Magistrate, Salem under S. 101 of the Hindu Religious and Charitable Endowments Act (Madras Act 22 of 1959) for a direction of delivery of possession of the temple and the accounts by the revision petitioners.

(2.) The revision petitioners resisted the application on the ground that the respondent was not appointed trustee as prescribed by the Hindu Religious and Charitable Endowments Act (hereinafter called the Act) and that the Assistant Commissioner had no power to appoint him as managing trustee and that, therefore, the application filed by the respondent for delivery was incompetent and not maintainable. The District Magistrate allowed the petition holding that the appointment of the respondent as managing trustee was made under S. 54 of the Act and that, therefore the petition was maintainable. The learned Counsel for the revision petitioners urged before me that the respondent was appointed by the Assistant Commissioner who had no powers to appoint a non -hereditary trustee and that therefore, the appointment was invalid. He further contended that it is only the Area Committed that is empowered to appoint non -hereditary trustees and that the finding by the lower Court that the appointment was made under S. 54 of the Act was wrong. On the other hand, the learned Counsel for the respondent urged that in an application under S. 101 of the Act, the Court has no jurisdiction to enquire into the legality or propriety of the appointment made and the only remedy open to the petitioners was to file a civil suit as provided under the proviso to S. 101 of the Act.

(3.) To appreciate the relative contentions of the parties, it may be necessary to set out the relevant provisions of the Act. Under S. 15(1) of the Act, the Government, by notification, shall constitute an Area Committee for all temples situated in an Assistant Commissioner's Division or part thereof other than temples included in the list published under S. 46......Under S. 15(1), an Area Committee shall exercise the powers conferred and Discharge the duties imposed on it by this Act or the rules made thereunder in respect of the temples, specific endowment and the charitable endowments mentioned in Sub -Cls, (i) (ii) and (iii) of Cl. (2). S. 49 of the Act deals with the power of Area Committee to appoint trustees. It provides: