NALLU POOSARI Vs. P.S. PALANIAPPAN, HEREDITARY TRUSTEE OF SRI ARULMIGU MARIAMMAN TEMPLE AT VALANADU, TIRUCHI

JUDGEMENT

(1.) THIS revision is directed against the order of the learned Chief Judicial Magistrate, Tiruchirapalli allowing the petition of the respondent Palaniappan filed under S. 101 (a) and (b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 against the revision petitioner.

(2.) THE facts: The respondent, Palaniappan, is the hereditary trustee of Arulmigu Mariatnman Temple at Valanadu and has been discharging faithfully his duties as such trustee. The revision petitioner was the quondam poosari and he also claims to be a hereditary poosari. He was not performing the pooja regularly and was slack in his duties and even conducted himself in a manner detrimental to the interest of the temple. He was suspended for dereliction of duties and in his place one Perumal Poosari was appointed. But, the revision petitioner did not hand over possession and on that account the respondent could not commence the work for festival. He therefore, came up with an application already referred to. That application was resisted by the revision petitioner on the ground that the respondent cannot apply under S. 101 (a) and (b) of Act 22 of 1959 as he is only a hereditary trustee and not a 'trustee appointed'. The learned Magistrate found that the respondent is entitled to maintain an application under S. 101 (a) and (b) of the Act and allowed it. The revision petitioner is aggrieved and has filed this revision.

(3.) IT is not disputed that the revision petitioner is the servant of a religious institution as he is a poosari, nor is it disputed that he has been suspended from his office and that the order of suspension has been challenged before the Deputy Commissioner of Hindu Religious and Charitable Endowments, Tsruchirapalli. The question is whether the respondent as hereditary trustee can maintain an application. The term "hereditary trustee" is defined under S. 6(11) to mean the trustee of a religious institution, the succession to whose office devolves by hereditary right or is regulated by usage or is Specifically provided for by the founder, so long as such scheme of succession is in force. It is no doubt true that a hereditary trustee owes his office by succession which devolves on him by the hereditary right and not through any appointment by any authority. For the word 'appoint' the following meaning is given in Webster's Seventh New College Dictionary: