COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPARTMENT, CHENNAI Vs. SRIKANTH

JUDGEMENT

(1.) The defendants in O.S.No.74 of 2005 on the file of the Additional Sub Court, Thanjavur are the appellants herein. O.S.No.74 of 2005 has been filed by two plaintiffs Srikanth and R.Balachandran against the Commissioner, HR & CE, Chennai and the Joint Commissioner, HR & CE, Thanjavur under Section 70 (i) of the Hindu Religious and Charitable Endowments Act, 1959, [hereinafter referred to as "the Act"] seeking a judgment and decree to set aside the order of the Commissioner, HR & CE, Chennai in A.P.No.13 of 1998 dated 09.11.2004 and grant a declaration that the suit property, 'Swanandha Bhuvan Institution' is not a religious Institution or a temple falling within the purview of the Act and consequently restrain the HR & CE Department from interfering with the Management and Administration of 'Swanandha Bhuvan Institution', which is a private Institution belonged to the plaintiffs and their family and also for costs of the suit. By judgment and decree dated 28.08.2006, the suit was decreed with costs. Challenging that judgment, the defendants had filed the present first appeal.

(2.) The suit had been filed under Section 70 (i) of the Act. It had been stated that the suit property in T.S.Nos.2324, 2325 and 2326 in Sunnambukkara Street, now known as Yakubia Street, called Swanandha Bhuvan, Thanjavur was founded by one Dabir Ramachandra Rao, the ancestor of the plaintiffs. The following genealogy table had also been given in the plaint:-

(3.) It was stated that originally the Institution of Swanandha Bhuvan was functioning in the residence of the founder. The founder belonged to Deshishta Maharashtra Community. The founder was an ardent devotee of Sri Heramber (Lord Vigneshwar) as worshipped by the Maharashtrian Community to which the plaintiffs and his ancestors belonged). He founded the Institution for the welfare of the members of his family and for meditation. He kept a small deity of Sri Heramber in his house and was performing daily poojas. He used to perform special poojas on every Chathurthi day. Only the members of his family participated in the poojas. This method of pooja is different from the poojas performed in the houses of persons belonging to other sects.