(BAVA C ) VYTHELINGA MUDALIAR Vs. RMAHADEVA IYER

JUDGEMENT

(1.) A scheme was framed to regulate the affairs of the temple known as Tiruvalur Tyagarajaswami Koil. A Board of control was constituted consisting of five members. There was a vacancy in the office of the superintendent of the temple and on 9 February 1924, the Board appointed one Swaminatha Mudaly as superintendent. One Mahadeva Iyer presented a petition to the Subordinate Judge of Tiruvalur and the relief he asked for is contained in the following paragraph: For the above reasons I pray that this Honourable Court will be pleased to cancel the said appointment and either direct the trustees to appoint a new fit and proper person or itself appoint a fit and proper person for the said post.

(2.) The Subordinate Judge upon this petition made an order on 31 March 1924 from which we take the following passage: It is, therefore, desirable not to have him any more as the temple superintendent and I would, therefore, call upon the members of the Board to remove him from that place and see that a proper man who has no such bad antecedents is appointed. Then again, The Board will be requested to make the appointment within 15 days from the date of receipt hereof and if no proper person is appointed by that date this Court will make the appointment, in place of the present superintendent whose appointment is not approved at all.

(3.) The correctness of this order has been questioned on the ground that it is one made without jurisdiction. It is not disputed that the authority of the Court to deal with matters arising under the scheme is derived from the scheme itself and no general power of the Court outside of or independent of the scheme is relied on. Turning to the provisions of the scheme, we find nothing in them to justify the order of the Judge. Paragraph 5 of the scheme deals with the appointment of a treasurer and superintendent. It runs thus; A treasurer shall be appointed in the first instance by the Court and shall receive a monthly salary not exceeding Rs. 150 and if any vacancy arises hereafter his successor shall be appointed by the Court. A temple superintendent shall be appointed by the Court on a salary of Rs. 50 and the subsequent vacancies may be filled up by the board, Only high caste Hindus are eligible for this appointment.