The petitioners in each of these writ petitions which
were filed under Article 32 of the Constitution of India have
sought the following reliefs:
“WRIT PETITION (C) NO.476/2012
(i) declare that the Section 3(1), 3(4), 23, 24,
26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47, 49, 49-B,
50, 54 (1), 63, Sections 71-76, 92,97, 108 and 111
of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959 Act as being ultra vires
Articles 14, 19 (1)(g), 25, 26 and 31 (1)(a)(b) of
the Constitution of India.
(ii) declare that the Sections 8, 12, 13, 15, 17-19
1987) as being ultra vires Articles 14, 19(1)(g),
25, 26 and 31 (1)(a)(b) of the Constitution of
India.
(iii) declare that the Sections 3A, 4, 8, 9, 11, 12, 13 and 14 of the Pondicherry Act, 1972 as being ultra vires Articles 14, 19(1)(g), 25, 26 and 31 (1)(a)(b) of the Constitution of lndia.
(iv) that pending the hearing and final disposal of in furtherance of the impugned Section 3(1), 3(4), 23, 24, 26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47, 49, 49-B, 50, 54(1), 63, Sections 71-76, 92,97, 108 and 111 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Act.
(v) that pending the hearing and final disposal of in furtherance of the impugned Section 8, 12, 13, 15, 17-19 & 22, 25, 29, 41, 49, 51-55, 66, 70 and 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 [(Act 30 of 1987).
(vi) that pending the hearing and final disposal of in furtherance of the impugned Sections 3A, 4, 8, 9, 11, 12, 13 and 14 of the Pondicherry Act, 1972
(vii) that this Hon'ble Court may be pleased to pass such other as may be deemed fit in the facts and circumstances of the case.
i. Issue a writ in the nature of certiorari in quashing Sections 1(3), 3, 23, 24, 25-A, 26, 27, 34, 34A, 34B, 34C, 34D, 35, 36, 45, 47, 48, 49, 49B, 50, 52, 53, 54, 56(2), 57, 58, 59, 61, 63, 64, 65, 66, 67, 69, 70, 71-76 (including 75A, 75B and 75C), 92, 97, 108 and 111 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 be declared ultra vires Articles 14, 19, 25, 26, 29, and 31A of the Constitution of India; and ii. Issue a writ in the nature of certiorari and quash the Utilization of Surplus Funds Rules (G.O. Ms. No. 4524, Revenue, dated the 5th November, 1960) framed under Section 36 of the Act as being unconstitutional; and
iii. Issue a writ in the nature of certiorari and quash the Conditions for Appointment of Executive Officers Rules, 2015 (G.O. Ms. No. 260, Tourism, Culture and Religious Endowments (RE4-2), dated 6th November 2015) framed under Sections 43A and 45 of the Act as being unconstitutional; and
iv. Issue a writ in the nature of certiorari and quash the Appointment of Auditors Rules (G.O. Ms. No. 3029, Revenue, dated the 20th July 1961) framed under Section 87 of the Act as being ultra vires the Act; and
v. Issue a writ in the nature of certiorari and quash the appointment of Executive Officers made under Section 45 for the Tiruchendur Temple and the other major Temples such as Sri Kantimatisameta Sri Nellaiappar Temple, Tirunelveli, Sri Arthanareeswarar Temple, Tiruchengode, Sri Kallazhagar Temple, Azhagarkoil and Sri Kothandaramaswamy Temple, Vaduvurto which such appointments were made with effect from July 16, 1966 under Sections 75-A and 75-B of the Act; and
vi. Issue a writ in the nature of mandamus and direct an investigation by a Special Investigation Team headed by an officer of high integrity such as Shri A.G.PonManickavel IPS, IG (Idol Theft Wing) of Tamil Nadu, into the conduct of the Officers of the Hindu Religious and Charitable Endowments Department insofar as the Sri Subrahmanya Swami Temple is concerned as well as other public servants, including elected representatives, of the Respondent; and
vii. Issue a writ in the nature of mandamus Direct external audit of the Temple for the past five years through a reputed audit firm; and/or
viii. Issue any such other writ or pass any such other or further order (s)
ix. and direction (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
a) Issue an appropriate writ, order or direction,
striking down Sections 21, 23, 27, 28, 47, 49, 49B,
53, 55, 56, and 114 of the HRCE Act and all Rules,
orders, notifications issued under these sections
as unconstitutional and ultra-vires Articles 14, 25
and 26 of the Constitution.
b) Pass appropriate writ, direction or order under
Article 142 the Constitution of India and mold the
appropriate reliefs that will be in public interest
while upholding the Constitution of India.
c) Pass any other directions or orders as may be
deemed appropriate in the interest of justice.
a) Issue an appropriate writ, order or direction,
striking down Telangana Hindu Religious and
Charitable Endowments Act, 1987, and all Rules,
orders, notifications issued under these sections
as unconstitutional and ultra-vires Articles 14,
25, 26 and 31A of the Constitution.
b) Issue an appropriate writ, order or direction
Setting aside the Order dated 29th December 2023
passed in Rc No. A2/13170/2023, and the Order dated
25th January 2024, in Rc No. D/1075/2019-3, passed
by the Commissioner, Endowments Department,
Telangana.
c) Pass any other directions or orders as may be
deemed appropriate in the interest of justice.”
2.For ease of reference, the headings of the provisions assailed under the three respective Acts are extracted as under: “Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 CHAPTER – I PRELIMINARY. 1. Short title, extent, application and commencement. 3. Power to extend Act to Charitable Endowments CHAPTER – III RELIGIOUS INSTITUTIONS. GENERAL PROVISIONS. 23. Power and duties of Commissioner in respect of temples and religious endowments 24. Power to enter religious institutions 25-A. Qualifications of trustees 26. Disqualifications of trustees 27. Trustee bound to obey orders issued under Act 32. Trustee to furnish accounts, returns, etc. 34. Alienation of immovable trust property 34A. Fixation of lease rent 34B. Termination of lease of immovable property 34C. Payment of amount 34D. Bar of jurisdiction of Civil Court 35. Authority of trustee to incur expenditure for securing health, etc., of pilgrims and worshippers and for training of archakas, etc., 36. Utilisation of surplus funds 36-A. Utilisation of surplus funds for Hindu marriages 36-B. Utilisation of surplus funds for making contribution towards any funds for the purposes of feeding the poor etc. 43-A. Appointment and duties of Executive Officer in temples under Maths. Religious institutions other than Maths or Specific Endowments attached thereto. 44. Sections 45 to 58 not to apply to maths or specific endowments attached to maths.—The provisions of sections 45 to 58 shall not apply to maths or specific endowments attached to maths. 45. Appointment and duties of Executive Officers 47. Trustees and their number and term of offices 48. Chairman 49. Power of Assistant Commissioner to appoint trustees and fit persons 49-B. Power of executive officer and Chairman of Board of Trustees not to implement order or resolution of the trustee or Board of Trustees in certain cases 50. Power under sections 47, 49 and 49-A to be exercisable notwithstanding provisions in scheme 52. Non-hereditary trustees holding office on the date of the commencement of the Act 53. Power to suspend, remove or dismiss trustees 54. Filling up of vacancies in the offices of hereditary trustee 54(1).When a permanent vacancy occurs in the office of the hereditary trustee of a religious institution, the next in the line of succession shall be entitled to succeed to the office. 56(2. When a temporary vacancy occurs in such an office by reason of suspension of the hereditary trustee under sub-section (2) of section 53, the next in the line of succession shall be entitled to succeed and perform the functions of the trustee until his disability ceases. 57. Power to fix fees for services etc., and to determine their appointment 58. Fixing of standard scales of expenditure CHAPTER IV MATHS. 59. Suit for removal of trustee of math or specific endowment attached thereto 61. Fixing of standard scales of expenditure CHAPTER V INQUIRIES 63. Joint Commissioner or Deputy Commissioner to decide certain disputes and matters 64. Power of Joint Commissioner or Deputy Commissioner to settle schemes 65. Power of Commissioner to settle schemes 66. Appropriation of endowments 67. Determination and application of properties and funds of defunct religious institutions 69. Appeal to the Commissioner 70. Suits and appeals CHAPTER VI NOTIFIED RELIGIOUS INSTITUTIONS. 71. Issue of notice to show cause why institution should not be notified 72. Consideration of objections, if any, and notification of institution 73. Scheme to lapse on notification 74. Appointment of salaried executive officer 75. Section 64 not to apply to notified institutions 75-A. Notification under Chapter VI-A of Tamil Nadu Act II of 1927 to continue in force 75-B. Further continuance of notification under Chapter VI-A of Tamil Nadu Act II of 1927. 75-C. Right to suit. 76. Saving CHAPTER IX 92. Religious institution to pay an annual contribution to the Government CHAPTER – X ENDOWMENTS ADMINISTRATION FUND 97. Creation of Hindu Religious and Charitable Endowments Common Good Fund CHAPTER – XI MISCELLANEOUS. 108. Bar of suits in respect of administration or management of religious institutions, etc. 111. Notifications, orders, etc., under Act not to be questioned in Court of Law Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 CHAPTER-II COMMISSIONER, ADDITIONAL COMMISSIONER, REGIONAL JOINT COMMISSIONER ETC., AND THEIR POWERS AND FUNCTIONS 8. Powers and functions of Commissioner and Additional Commissioner 12. Powers of Commissioner etc., to enter and inspect institutions and endowments 13. Commissioner etc., to observe appropriate forms, usages and practices CHAPTER-III ADMINISTRATION AND MANAGEMENT OF CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS 15. Appointment of Board of Trustees 17. Procedure for making appointments of trustees and their term 18. Qualifications for Trusteeship 19. Disqualifications for Trusteeship 22. Vacancy in the office of trustee and filling of such vacancy 25. Fixation of dittam 29. Appointment and duties of Executive Officer 41. Power of Executive Officer not to implement resolution of the trustee or the Board of Trustees in certain cases CHAPTER – V MATHS AND SPECIFIC ENDOWMENTS ATTACHED THERETO 49. Fixation of dittam 51. Removal of Mathadhipathi 52. Filling of temporary vacancies in the office of the mathadhipathi 53. Filling of permanent vacancies in the office of mathadhipathi 54. Nomination of mathadhipathi 55. Power of Commissioner to frame schemes CHAPTER - VIII 66. Assessment of contribution on the trustee 70. Common Good Fund CHAPTER -XII ENQUIRIES 87. Power of Deputy Commissioner to decide certain disputes and matters Pondicherry Hindu Religious Institutions Act, 1972 3A. Powers and functions of Commissioner. 4. Board of Trustees. 8. Duties of trustees. 9. Appointment, powers and duties of Executive officers. 11. Payment of contributions. 12. Recovery of contributions, costs, charges and expenses. 13. Budget of religious Institutions. 14. Accounts and audit.”
3.We have heard learned senior counsel for the petitioner(s), Dr. Subramanian Swamy, who has appeared as petitioner-in-person, learned A.S.G. Sri K.M. Nataraj appearing for the Union of India and Union Territory of Puducherry and learned senior counsel and learned counsel appearing for the States of Andhra Pradesh, Tamil Nadu and Telangana as well as the learned senior counsel and learned counsel who have filed application(s) for intervention/impleadment at length.
4.Having regard to the challenge made to various provisions of the Hindu Religious and Charitable Endowments Act of the respective States, we find that the petitioners could be permitted to approach the respective State High Courts to assail the said provisions since the scheme of the respective Scheme Acts may be distinct.
5.It is noted that in these petitions, the provisions which are under challenge are not only pertaining to the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 but also the Puducherry Act of 1972 as well as the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. We find that a more effective manner of ventilating the grievances by the petitioners herein is to assail the provisions of the respective Acts before the respective jurisdictional High Courts so as to enable the High Courts to better appreciate the dimensions of challenge of the provisions of the respective Acts.
6.In the circumstances, we dispose of these writ petitions by reserving liberty to the petitioners herein to file their writ petitions before the respective High Courts.
7.It is needless to observe that if such writ petitions are filed by the petitioners herein before the respective High Courts, the same could be considered having regard to the various dimensions of the provisions in light of the socio-economic, cultural and religious aspects of the matter which are all in essence historical aspects of the matter including the judicial verdicts of the Courts.
8.The High Courts are also free to constitute an Expert Committee so as to have assistance of the recommendations said Committee for the purpose of deciding the cases, if they so think fit.
9.These Writ petitions are disposed of in the aforesaid terms. All pending application(s) including the application(s) for intervention/impleadment shall stand disposed of. [B.V. NAGARATHNA] [SATISH CHANDRA SHARMA] NEW DELHI APRIL 01, 2025