THULASIRAMAN AND ANOTHER versus THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT ADMINISTRATION AND ANOTHER

Citation: [2019] 11 S.C.R. 1125 · Decided: 03-09-2019 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Dismissed

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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1125
M. J. THULASIRAMAN AND ANOTHER
v.
THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE
ENDOWMENT ADMINISTRATION AND ANOTHER
(Civil Appeal No.4676 of 2010)
SEPTEMBER 03, 2019
[N. V. RAMANA, MOHAN M. SHANTANAGOUDAR
AND AJAY RASTOGI, JJ.]
Tamil Nadu Hindu Religious and Charitable Endowments
Act, 1959:
s. 6(16) and (19)  -  Institution in question  -  Nature of  -
Whether a private property or 'specific endowment'  -  Held: As
per the evidence (rock inscription), the public charity described
therein constitutes a religious charity  -  Thus it creates a 'specific
endowment' as specified u/s. 6(19)  -  Therefore, the property in
question constitutes a specific endowment and is not a private
property.
Words and Phrases:
'Specific endowment', 'religious charity'  -  Meaning of, in
the context of Tamil Nadu Hindu Religious and Charitable
endowments Act, 1959.
Dismissing the appeal, the Court
HELD: 1. A “specific endowment” means any property or
money endowed for the performance of any specific service or
charity in a math or temple or for the performance of any other
religious charity.  In the present case there is no question of
performing the service in the temple or a math, the endowment
in the present case must fall under the second category, i.e., it
must be for the performance of a religious charity, to be a
specific endowment. [Para 10] [1131-F]
2.  A “religious charity” has been defined to mean a public
charity associated with Hindu festival or observance of a
religious character. The second part of Section 6(16) of the Tamil
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   [2019] 11 S.C.R. 1125
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SUPREME COURT REPORTS
[2019] 11 S.C.R.
Nadu Hindu Religious and Charitable endowments Act, 1959
clarifies that there is no requirement for the public charity to
be connected with a temple or a math.  The phrase “public
charity” has not been specifically defined under the Act.  The
distinction in Hindu law between religious endowments which
are public and those which are private is that in a public trust
the beneficial interest is vested in an uncertain and fluctuating
body of persons.  The fact that the uncertain and fluctuating body
of persons is a section of the public following a particular
religious faith or is only a sect of persons of a certain religious
persuasion would not make any difference in the matter and
would not make the trust a private trust. [Paras 11, 12] [1132-
A-D]
Mahant Ram Saroop Dasji v. S.P. Sahi, AIR 1959 SC
951 : [1959] Suppl. SCR 583 - followed.
3. In the present case, the rock inscription in the
institution in question which governs the functioning of the
institution provides for the feeding of Brahmins. This is clearly
a charity which benefits the “public”.  The rock inscription
specifically states that the charity of feeding the Brahmins is to
be done at the time of specific religious festivals, viz.,
“Arubathumoovar Brahmotsavam” which is held in the Mylapore
temple, and the festival in Sri Thiagarajaswami temple,
Thiruvotriyur, Chennai. As such, the public charity described in
the rock inscription, being associated with a religious festival,
constitutes a religious charity as defined under the Act.  [Paras
13, 14 and 15] [1132-E-G; 1133-B]
The Commissioner, Madras Hindu Religious and
Charitable Endowments v. Narayana Ayyangar and
Ors. AIR 1965 SC 1916 : [1965] SCR 168 - relied
on.
4. Under Section 6(19) of the Act, the definition of “specific
endowment” includes any money that has been endowed for the
performance of a religious charity. As it is held that the rock
inscription provides for a religious charity, it is sufficient to
show that money has been endowed for the performance of the
same for it to constitute a specific endowment under the Act.
[Para 16] [1133-C]
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5. While the word “endow”, and the connected word
“endowment”, have actually not been defined under the Act,
from their usage in the Act and judgments on the subject, it is
clear that they relate to the idea of giving, bequeathing or
dedicating something, whether property or otherwise, for some
purpose. In the context of the Act, the purpose is with respect
to religion or charity. [Para 17] [1133-D-E]
Pratapsinghji 
N. 
Desai 
v. 
Deputy 
Charity
Commissioner Gujarat, (1987) Supp. SCC 714 :
[1987] SCR 909 - relied on.
The Law Lexicon by P. Ramanatha Aiyar Second Edn.,
p. 634, 635 - referred to.
6.  In the present case, the rock inscription clearly provides
for the utilization of money from the institution in questi

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