COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMN.), MADRAS AND ANR. versus VEDANTHA STHAPNA SABHA

Citation: [2004] SUPP. 2 S.C.R. 549 · Decided: 07-05-2004 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Appeal(s) allowed

Judgment (excerpt)

COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE 
A 
ENDOWMENT (ADMN.), MADRAS AND ANR. 
v. 
VEDANTHA STHAPNA SABHA 
MAY 7, 2004 
B 
[DORAISWAMY RAJU AND ARIJIT PASAYAT, JJ.] 
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959: 
Section 6(11)-Hereditary trustee--Claim to be appointed as-Held: c 
Fulfilment of any of the three modes of succession envisaged in S. 6(11) 
only enables a person to legitimately make a claim for appointment as 
hereditary trustee-Whether the office of the trustee is hereditary or non-
hereditary depends upon the manner or method by which the incumbent D 
concerned occupies the office. 
Sectien 63(a)-Public temple-Declaration of-Statutory authorities 
declared a certain temple as public temple for all the worshipping Hindu 
public-No application was made under S. 63(a) for a declaration 
regarding nature of the temple-Held: Under such circumstances, the E 
temple in question could not be declared as a public temple based on 
certain assertions which were besides the statutory provisions. 
Words & Phrases: 
"Hereditary trustee" and "usage"-Meaning of-Jn the context of 
S. 6(11) of the Tamil Nadu Hindu Religious and Charitable Endowments 
Act, 1959. 
F 
The respondent-Sabha filed an application under Section 63(b) of G 
the Tamil Nadu Hindu Religious and Charitable Endowments Act, 
1959 before the Deputy Commissioner-appellant No. 2 for a declaration 
that the respondent was the hereditary trustee of the suit temple. The 
Deputy Commissioner dismissed the application. The respondent, 
therefore, filed a statutory suit before the Subordinate Judge. 
H 
549 
550 
SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R. 
A 
The trial court rejected the claim of the respondent. A Single 
Judge of the High Court dismissed the appeal filed by the respondent. 
However, the Division Bench allowed the Letters Patent Appeal filed 
by the respondent. Hence the appeal. 
B 
On behalf of the appellant, it was contended that the suit temple 
was a public temple constructed out of the collections including 
collections from the members of the respondent-Sabha and the grant 
of funds from the Government; that the suit temple was not for the 
benefit of the respondent-Sabha members only but for the benefit of 
C the Hindu public at large; and thus the suit temple was not covered 
under Section 6(20) of the Act; that the common feature in hereditary 
trusteeship was succession by hereditary right or where the succession 
was regulated by usage or was specifically provided for by the founder; 
and that no such provisions existed and, therefore, the respondent-
Sabha was not entitled to be declared as a hereditary trustee under 
D Section 6(11) of the Act. 
E 
On behalf of the respondent, it was contended that the length of 
management commensurate from the time of the suit temple's 
construction was itself suggestive of long usage. 
Allowing the appeal, the Court 
HELD: 1. A bare reading of Section 6(11) of the Tamil Nadu 
Hindu Religious and Charitable Endowments Act, 1959 which defines 
F "hereditary trustee" brings into focus three important aspects; i.e., 
first, a trustee of a religious institution the succession to which is 
devolved by hereditary right; the second category is that succession 
can be regulated by usage; and the third category is where succession 
relating to the office of trustee is specifically provided for by the 
founder and that too so long as the scheme of such succession is in 
G force. In contrast to the criteria engrafted in Section 6(22) of the Act, 
the definition in section 6(11) lays special and specific emphasis on the 
succession to the office of trustee of a religious institution devolving by 
anyone of the three methods or manner envisaged therein. The 
statutory authorities specially constituted under the Act have held the 
H temple to be for all the worshipping Hindu public and not confined to 
COMMR OF HINDU RELIGIOUS & CHARITABLE ENDOWMENT'· VEDANTHA STHAPNA SABHA 
551 
the members of the Sabha only having regard to the manner in which A 
funds were collected and the manner in which the day-to-day 
administration of the temple is being carried on from inception. 
Though there has been an application for declaration of the office of 
trustee of the religious institution to be a hereditary one, no application 
under Section 63(a) of the Act for a declaration as to whether the B 
temple in question is a religious institution used as a place of public 
religious worship and ded

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