LexTHE IDOL OF SRI RENGANATHASWAMY REPRESENTED BY ITS EXECUTIVE OFFICER, JOINT COMMISSIONER versus PK THOPPULAN CHETTIAR, RAMANUJA KOODAM ANANDHANA TRUST, REP. BY ITS MANAGING TRUSTEE AND ORS.
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A B C D E F G H 410 SUPREME COURT REPORTS [2020] 10 S.C.R. THE IDOL OF SRI RENGANATHASWAMY REPRESENTED BY ITS EXECUTIVE OFFICER, JOINT COMMISSIONER v. PK THOPPULAN CHETTIAR, RAMANUJA KOODAM ANANDHANA TRUST, REP. BY ITS MANAGING TRUSTEE AND ORS. (Civil Appeal No. 9492 Of 2019) FEBRUARY 19, 2020 [DR. DHANANJAYA Y. CHANDRACHUD AND AJAY RASTOGI, JJ.] Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – ss.6(16), 6(19), 34, 108 – Person purchased property for performing charitable work in reference to Sri Renganathaswamy sanctum – On a portion, a Stone Mandapam was constructed for the deity of Sri Renganathaswamy, to invite and receive its blessings during Hindu festival months – He executed a Deed of Settlement inter alia prohibiting the trustees from sale/mortgage of the property – First respondent-trust filed suit seeking permission for sale of the property leaving aside the area consisting the ‘Stone Mandapam’– Suit decreed – Judgment upheld – Appellant filed second appeal, dismissed by High Court – Held: Deed of Settlement must be examined as a whole to determine the true intention of the settlor – Settlor had a clear intent to divest himself and his legal heirs of the property and endow it for the continuation of the charitable activities at the suit property – Deed of Settlement created an endowment for charitable purposes – Charity described in the Deed of Settlement is a religious charity u/s.6(16) – First respondent trust is a specific endowment under the 1959 Act – As long as there exists a specific endowment defined in s.6(19), the provisions of the 1959 Act will apply to first respondent – s.108 bars the jurisdiction of civil courts to try matters regulated by 1959 Act – Thus, suit filed by first respondent is not maintainable as u/s.34, the Commissioner is the appropriate authority to approve the proposed sale of land – Order of High Court set aside – Suit filed by first respondent dismissed – Trust. [2020] 10 S.C.R. 410 410 A B C D E F G H 411 Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – s.6(19) – Specific endowment – Held: A specific endowment can result from the allocation of either property or money (or both) which can be for either a specific charity or service in a particular math or temple – Alternatively, it can be for the performance of “any other religious charity”. Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959– s.6(16) – Religious Charity – Conditions to be met – Discussed. Trust/Charity – Public or private – Distinction – Held: Where the beneficiaries of a trust/charity are limited to a finite group of identifiable individuals, the trust or charity is of a private character – However, where the beneficiaries are either the public at large or an amorphous, fluctuating body of persons incapable of being specifically identifiable, the trust or charity is of a public character – Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – s.3 – Applicability of – Discussed. Words & Expressions – ‘endow’ – Meaning of – Discussed. Allowing the appeal, the Court HELD: 1.1 The existence of a specific endowment is a question to be determined in the light of the material terms used in the Deed of Settlement. The nature of the instrument must be ascertained on a fair and reasonable construction of the Deed considered as a whole. Section 6(19), Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 defines a specific endowment. A specific endowment can result from the allocation of either property or money (or both). Further, the allocation of the property or money can be for either a specific charity or service in a particular math or temple. Alternatively, it can be for the performance of “any other religious charity”. The term “endow” means to give or bequeath a thing, property or otherwise. Where the text of the deed purports to divest the property from the settlor and reserves it for a charitable purpose, the property has been endowed. In certain cases, an endowment may not be absolute towards the charitable purpose and may reserve some IDOL OF SRI RENGANATHASWAMY REP. BY ITS EXECUTIVE OFFICER, JOINT COMMR. v. PK THOPPULAN CHETTIAR, RAMANUJA KOODAM ANANDHANA TRUST A B C D E F G H 412 SUPREME COURT REPORTS [2020] 10 S.C.R. portion of the property or resultant income from the property for the legal heirs of the settlor. The Deed of Settlement must be examined as a whole to determine
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