(B.V. Nagarathna and Satish Chandra Sharma, JJ.)
Writ Petition (C) No. 476/2012, decided on April 1, 2025
Sh. Dayananda Saraswati Swamiji (Dead) and Others ____ Petitioner(s);
v.
State of Tamil Nadu and Others ____________________ Respondent(s).
With
Writ Petition (C) No. 1432/2019
Writ Petition (C) No. 1147/2021
Writ Petition (C) No. 148/2024
Writ Petition (C) No. 476/2012; Writ Petition (C) No. 1432/2019; Writ Petition (C) No. 1147/2021; and Writ Petition (C) No. 148/2024
The Order of the court was delivered by
Order
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 & 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) 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 the Writ Petition, the Respondents by themselves, their servants and agents be restrained from acting 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 the Writ Petition, the Respondents by themselves, their servants and agents be restrained from acting 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 the Writ Petition, the Respondents by themselves, their servants and agents be restrained from acting 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.
WRIT PETITION (C) NO. 1432/2019
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, 49-B, 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. Pon Manickavel 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.
WRIT PETITION (C) NO. 1147/2021
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.
WRIT PETITION (C) NO. 148/2024
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.
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3. Power to extend Act to Charitable Endowments
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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
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32. Trustee to furnish accounts, returns, etc.
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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.
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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
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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
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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.
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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
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61. Fixing of standard scales of expenditure
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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
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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
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CHAPTER IX
FINANCE
92. Religious institution to pay an annual contribution to the Government
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CHAPTER – X
ENDOWMENTS ADMINISTRATION FUND
97. Creation of Hindu Religious and Charitable Endowments Common Good Fund
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CHAPTER – XI
MISCELLANEOUS.
108. Bar of suits in respect of administration or management of religious institutions, etc.
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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
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8. Powers and functions of Commissioner and Additional Commissioner
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12. Powers of Commissioner etc., to enter and inspect institutions and endowments
13. Commissioner etc., to observe appropriate forms, usages and practices
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CHAPTER-III
ADMINISTRATION AND MANAGEMENT OF CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS
15. Appointment of Board of Trustees
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17. Procedure for making appointments of trustees and their term
18. Qualifications for Trusteeship
19. Disqualifications for Trusteeship
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22. Vacancy in the office of trustee and filling of such vacancy
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25. Fixation of dittam
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29. Appointment and duties of Executive Officer
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41. Power of Executive Officer not to implement resolution of the trustee or the Board of Trustees in certain cases
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CHAPTER – V
MATHS AND SPECIFIC ENDOWMENTS ATTACHED THERETO
49. Fixation of dittam
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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
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CHAPTER – VIII
FINANCE
66. Assessment of contribution on the trustee
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70. Common Good Fund
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CHAPTER-XII
ENQUIRIES
87. Power of Deputy Commissioner to decide certain disputes and matters Pondicherry Hindu Religious Institutions Act, 1972
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3A. Powers and functions of Commissioner.
4. Board of Trustees.
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8. Duties of trustees.
9. Appointment, powers and duties of Executive officers.
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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.
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