Court : Chennai Madurai
Decided on : Apr-29-2016
..... . vr. shanmuganathan, the learned special government pleader invited the attention of this court to rule no.11 of religious institutions (lease of immovable property) rules, 1963, framed under the tamil nadu hindu religious and charitable endowments act, 1959 and submissions were advanced that it is for the commissioner, hindu religious and charitable endowment, chennai, respondent no.1 in the appeals, who is the competent authority, to decide the fixation of rent ..... just 40 square feet. representations seemed to have been given before the joint commissioner/executive officer, hindu religious and charitable endowment, suseendram head office, kanyakumari district, respondent no.2, in the appeals. 10. when rules 11 of religious institutions (lease of immovable property) rules, 1963, states that the commissioner of hindu religious and charitable endowments is the competent authority to decide, in terms of the said rules, the joint commissioner of ..... than what he possess and if direct tenant's of lease had come to an end, sub-lessee could not claim better right. therefore, notice issued under section 106 of the transfer of property act, 1882 was valid. (arulmigu sathivaneswaraswamy temple v. habib rahman, 2014 (6) ctc 37). 9. reading of the rules makes it clear that it is to the commissioner .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Aug-17-2016
..... that on that score, the writ petition is to be thrown out. 14. the prime contention advanced on behalf of the respondent nos.1 and 2 is that under section 63(b) of the tamil nadu hindu religious and charitable endowments act, 1959, the first respondent can decide as to whether the office of trusteeship is hereditary or not? and further the first respondent/joint commissioner ..... article 19(1)(f) of the constitution. the supreme court countenanced that the position of hereditary trustee was that of a dharmakartha of a mere manager or custodian of a religious institution with an exception namely, that the hereditary trustee succeeded to the office as of right and in accordance with rules of succession. once it is countenanced that succession as of ..... passing of an order by this court in directing the respondents no. 1 and 2 viz., the joint commissioner of hindu religious and charitable endowments board and the assistant commissioner of hindu religious and charitable endowments board, paramakudi, sivagangai district to consider their representations dated 11.07.2016. 10. the learned counsel for the petitioners cites a decision of this court between chettimai c.nanjappa chettiar (decd.) and another .....Tag this Judgment!
Court : Chennai
Decided on : Jan-21-2016
..... (prayer: petition filed under section 5 of limitation act to condone the delay of 1,521 days in filing the w.a.sr no.70786 of 2013 against the order dated 28.4.2009 made in w.p.no.5133 of 2009 on the file of this court.) dr. p. devadass, j. 1. the special commissioner, hindu religious and charitable endowments department, who is the first ..... the circular dated 3.11.2007 of hr and ce department. thus, he filed wp no. 5133 of 2009 for a certiorarified mandamus to quash the said circular. 8. the hindu religious and charitable endowments department contended that it is a temple property, without getting 'no objection certificate' from the temple authorities, the registration authorities cannot register the documents. 9. the writ court, ..... department issued a circular dated 3.11.2007, directing its joint commissioners, deputy commissioners and assistant commissioners to inform the registration authorities not to register documents pertaining to properties of religious institutions presented by private persons. 7. one velusamy, claimed to be a co-owner in respect of vast extent of land comprised in survey nos.2 and 3 situate in ..... not go into the validity or otherwise of the circular dated 3.11.2007 and accordingly disposed of the writ petition. 10. in this matter, certain legal issues raised by the hrandce department are involved. under section 5 of the limitation act, it is not the length of delay but substance matters. in these matters a pragmatic rather than a pedantic approach .....Tag this Judgment!
Court : Karnataka
Decided on : May-03-2016
..... stated are, that shri durga parameshwari temple, kateel, mangalore taluk, dakshina kannada district is an ancient temple. it is a temple notified as a religious endowment under the karnataka hindu religious institutions and charitable endowments act, 1997 (hereinafter referred to as 'the 1997 act' for brevity). it is stated that the temple has been managed and administered by an ancient noble family, devashya. it is stated that the said ..... as hereditary trustees of the temple. it is pointed out that one bhoja shetty, said to be an ancestor of the petitioner, had filed an application under section 57 (b) of the madras hindu religious and charitable endowments act, 1951, before the deputy commissioner, hr and ce, south kanara in oa.1/1968, against dr. gananath shetty and others and had sought to be ..... before the said authority, as on 19.8.2010. the deputy commissioner, after a summary enquiry, by his letter dated 19.10.2010 addressed to the commissioner, had opined that since there were rival claims, the matter be referred to the competent civil court. upon such reference, the first respondent ..... hold the office of hereditary managing trustee of the temple and accordingly, an application is said to have been made to the deputy commissioner, hr and ce, mangalore, on 10.8.2010, for a declaration that he was the hereditary managing trustee of the said temple. similarly, the second respondent is also said to have filed an identical application .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Sep-27-2016
..... as a lessee subject to rules and regulations which is contrary to the tamil nadu religious institutions (lease of immovable property) rules 1963 and the second respondent cannot give any such direction contrary to section 78 of the tamil nadu hindu religious and charitable endowments act, 1959. 10. it is further stated that the fourth respondent has also filed a petition before ..... filed this writ petition inter alia contending that the very initiation of proceedings under section 78 of the tamil nadu hindu religious and charitable endowments act, 1959 itself is illegal and void, since the fourth respondent is a cultivating tenant and the third respondent is an religious institution, a public trust and the relationship between the third respondent and the fourth ..... to refer section 21 (1) and (2) of the tamil nadu hindu religious and charitable endowments act, 1959 which reads as follows:- 21. power of commissioner to call for records and pass orders:- (1)the commissioner may call for and examine the record of [any joint or deputy or assistant commissioner] or of any trustee of a religious institution other than ..... which become final. since the lease period was over, the fourth respondent was treated as an encroacher, therefore, eviction proceedings was initiated under section 78 of the tamil nadu hindu religious and charitable endowments act, 1959. the order of the second respondent, dated 02.11.2011, directing the third respondent to recognise the petitioner as a cultivating tenant .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Jun-22-2016
..... 6. the learned single judge proceeded as if fit person appointed to perform the functions of the board of trustees under section 47(1) of the tamil nadu hindu religious and charitable endowments act, 1959, is the head of office of the executive officer. 7. the executive officer is not a subordinate of ..... the executive officer is not bound to implement the decisions taken by the fit person in violation of the provisions of the tamil nadu hindu religious and charitable endowments act, 1959, we are not interfering with the ultimate order passed by the learned single judge setting aside the punishment. 14. the ..... hindu religious and charitable endowments act, 1959 and the rules made thereunder. we are, therefore, not in a position to approve the views of the learned single judge that the role of executive officer is very limited and he is bound to implement the decisions taken by the board of trustees/fit person. 8. the respondent is well aware that under rule 11 of the religious institutions ..... respondent is still in service. we are, therefore, of the view that a lenient view should be taken in the matter. discretionary jurisdiction: 10. the jurisdiction under article 226 of the constitution of india is extraordinary in nature. it is otherwise called as equity jurisdiction. the court is not ..... writ appeal is filed under clause 15 of the letters patent praying to set aside the order of writ court dated 30.10.2009 in w.p.(md)no.7048 of 2006.) k.k. sasidharan, j. 1. this intra-court appeal is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-29-2016
..... 05.10.2002. accordingly, the said order was implemented by appointing petitioner's father as trustee to respondent no.5-temple. after the demise of the petitioner's father, his mother has filed o.a.no.52 of 2009, renumbered as o.a.no.1043 of 2010, before the endowments tribunal under section-87(4) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 ..... (for short the act'), for declaring herself as the member from the founder family. on the observations of the tribunal to the effect that a woman cannot ..... , this court has laid down the ratio that neither the deputy commissioner nor the endowments tribunal has jurisdiction to entertain the claim of any person for recognition as the member from the founder family in respect of the institutions existing prior to the commencement of the act and that, in such cases if there exists evidence to show that the person ..... is from the founder family of an institution, he can approach the competent authority for considering his case for appointment as a trustee of a non-hereditary trust board. learned assistant government pleader for endowments (andhra pradesh) and the learned .....Tag this Judgment!
Court : Chennai
Decided on : Feb-29-2016
..... board was abolished and the administration vested with hindu religious and charitable endowments act which created hierarchy of authorities such as commissioner, deputy commissioner and assistant commissioner by prescribing rights and duties. the act also provides for various means of improving the administration of hindu religious institutions. 11. the religious institutions are classified as listed and non-listed institutions based on annual income under sections ..... superficial, they are deep rooted indeed! 10. the temples play an important role in the heritage of tamil nadu. therefore, conservation, maintenance and development of temple are important in view of the historical and archaeological values of the temples in tamil nadu. after several enactments for the administration and governance of hindu religious and charitable institutions and endowments, madras hindu religious and charitable endowments board was created. later on, the ..... to the petitioner, arulmighu sellandiamman temple, which is a de-notified temple belonging to kadaikulam and medhikulam sect of kongu vellalar gounder community, had some landed properties in perundurai measuring 10.87 acres of which the fourth respondent kongu vellalar matriculation higher secondary school was granted an extent of 4.02 acres on lease to establish a school. it is also .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-14-2016
..... the manner as it existed earlier is being taken away by the order dated 16.03.2009. learned counsel for the petitioner in that regard would refer to section 58 of the hindu religious institutions and charitable endowments act, 1997 and would also refer to the decision of the hon ble supreme court in the case of trambakeshwar devasthan trust and another vs. president, purohit sangh and others ..... . having taken note of these aspects, i am of the opinion that at this juncture the contentions as put forth by the petitioners with regard to the interference with the religious practice which existed earlier and the right that had accrued to the petitioners being hereditary archaks would be an issue which is beyond the present consideration. insofar as the issue ..... a uniform procedure is followed, the fee has been fixed. 4. in the background of the above, though contentions are urged on behalf of the petitioners with regard to the religious practice and right being denied, what is necessary to be noticed herein is that the petitioners were before this court for the first time assailing the action by filing w .....Tag this Judgment!
Court : Chennai
Decided on : Jun-02-2016
..... is under the administrative and supervisory control of the first respondent and it has been included in the list published under section 46 (iii) of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act xxiii of 1959) (hereinafter called as the act). even though the temple was previously managed by beri chetty community people, their term of office expired and the government ..... which was followed for several years. further, the second respondent is attempting to convert the temple administration into one of profit making commercial establishment by collecting entry fee of rs.10/- and rs.100/- for darshan of the deity and this is contrary to the scheme decree passed by this court. in such circumstances, the petitioner has given a representation ..... been followed for several hundred years and also to suspend the practice of converting kanda kottam into one of 'profit making commercial establishment' by charging/collecting entry fee of rs.10/- and rs.100/- per person to have the 'dharshan' of lord muruga at the heart burnings of the entire beri chetty community people who founded the kanda kottam temple ..... has been followed for several hundred years and to suspend the practice of converting kanda kottam into one of 'profit making commercial establishment' by charging/collecting entry fee of rs.10/- and rs.100/- per person to have the 'dharshan' of lord muruga at the heart burnings of the entire beri chetty community people who founded the kanda kottam temple .....Tag this Judgment!