LA-SRI SATHYA GNANA MAHADEVA Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition challenges the order passed by the respondent - Commissioner, Hindu Religious and Charitable Endowment Department (Administration), Chennai, directing the petitioner to open and operate a second bank account for Sri Utharapatheeswaraswami Temple at Thiruchengattangudi and Sri Meganathaswami Temple at Thirumeyachur as per Rule 7 of The Collection of Income and the Incurring of Expenditure Rules.

(2.) The brief facts leading to the filing of this writ petition are as follows:- The petitioner is the hereditary trustee of Sri Utharapatheeswaraswami Temple at Thiruchengattangudi and Sri Meganathaswami Temple at Thirumeyachur. The above temples have been governed by an amended scheme dated 23.01.1935 made in O.S.No.7 of 1933 on the file of the learned District Judge, Nagapattinam. Under the scheme, the administration of the devasthanam shall vest in the board of trustees consisting of a hereditary trustee, who shall hold the office for life and trustees to be appointed by the board and one of the trustees shall be nominated by the board as Managing Trustee. The petitioner's grand father was originally the hereditary trustee. After his demise, the father of the petitioner was recognized as the hereditary trustee. After the demise of the father of the petitioner, being the eldest son, the request of the petitioner to permit him to hold the hereditary office has been accepted by the respondent and he has become the hereditary trustee.

(3.) It is the further case of the petitioner that initially the treasurer of the devasthanam was appointed by the board on monthly salary with certain conditions thereafter, the Executive Officer has been appointed to function in the place of the treasurer to act and discharge the functions of the treasurer. The Managing Trustee shall have the general power of supervision and control over the treasurer as per clause 11 of the scheme decree. The treasurer have to keep the true and proper accounts of all incomes and expenditures of the devasthanam.