K.S. SOUNDARARAJAN Vs COMMISSIONER OF H.R. & C.E. .
Bench: M.Y. EQBAL,C. NAGAPPAN
Case number: C.A. No.-002401-002401 / 2003
Diary number: 11246 / 2001
Advocates: R. NEDUMARAN Vs
P. N. RAMALINGAM
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2401 OF 2003
K.S. Soundararajan and Ors. .. Appellants
versus
Commissioner of H.R. & C.E. and Ors. .. Respondents
J U D G M E N T
C. NAGAPPAN, J.
1. This appeal is preferred against the judgment and decree
dated 13.12.2000 passed by the High Court of Judicature at
Madras in Letters Patent Appeal No.183 of 1994, wherein the
Division Bench held that the first object of the three charities
mentioned in the Will, is of private Trust and the rest are of
public Trust and therefore, the respondent no.1 and 2 therein,
have power under Section 64 of the Tamil Nadu Hindu
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Religious and Charitable Endowment Act, 1959, to frame a
scheme, in so far as, the public Trust is concerned.
2. Briefly the facts are summarized as follows : One
Sundararaja Naidu had no male issues, except two daughters
and his brother’s son is Kondasamy Naidu and he executed a
registered Will dated 7.12.1949 bequeathing properties
mentioned in Item nos.1, 2 and 3 absolutely in favour of them
and directed Kondasamy Naidu to be in possession of Item
no.4 and perform the charities mentioned in the Will from out
of the income of the said properties and prohibited the
alienation of the said item of land. Later Kondasamy Naidu
alienated a portion of land in Item no.4 in the Will and claimed
to have purchased some other properties from out of the sale
proceeds.
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3. Five persons claiming to belong to the community of the
testator filed application before the Deputy Commissioner for
Hindu Religious and Charitable Endowments under Section 64
of H.R. & C.E. Act for setting a scheme in respect of the
charities mentioned in the Will of Sundararaja Naidu. The
Deputy Commissioner held that the Trust is a private Trust
and no scheme could be framed. On appeal his order was set
aside by the Commissioner, who held that the Trust is a public
Trust and charities required to be performed are religious
charities and the beneficiaries are the members of the public
and a scheme could be framed and in fact required to be
framed. Meanwhile Kondasamy Naidu died and his legal
representatives instituted a statutory suit for setting aside the
order of the Commissioner referred to supra. The trial court
dismissed the suit and judgment was affirmed by a single
Judge of the High Court and in the Letters Patent Appeal
preferred, the Division Bench modified the order of the
Commissioner to the extent that the scheme to be framed shall
be confined to the specific endowments attached to the temple,
namely, performance of Pooja and Neivedyam to Subramania
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Swami on the occasion of Panguni Uthiram and by feeding by
way of Pundhi Bojanam on the occasion of God Kallalagar
passing through Vaigai river on the Chitra Pournami day to
Vandiyur. Challenging the same the plaintiffs have preferred
the present Civil Appeal.
4. Mr. R. Venkataramani, learned senior counsel appearing
for the appellants contended that the pious acts to be
performed under the Will, have no relationship whatsoever to
the Deities mentioned and there is no charitable activity of
public character and the pious acts do not constitute public
Trust and the High Court misconstrued Section 64(1) of the
Act by misreading the Will and by holding that the term
‘attached’ occurring in the explanation under Section 64(1) has
to be understood broadly. Per contra the learned counsel
appearing for the respondents contended that the High Court
has rightly held that the pious acts mentioned in the Will are
religious charities and the framing of scheme in respect of it, is
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within the ambit of power conferred under Section 64 of the
Act.
5. Provision is made in the Will for the performance of
following charities:
“1) During Panguni festival at Thirupparankundram every year according to income supplying of food to the people of our own caste and performing poojas and neivadhiyam to Swami without fail.
2) Also every year on Chitra Pournami when Kallalagar entering into Vaigai River and going to Vandiur, supplying of food called Arasa.”
6. The Presiding Deity of the temple at
Thirupparankundram is Subramaniaswami and the
performance of Neivedyam and Pooja to the said Swami during
festival mentioned as first charity is clearly a service to be
rendered to the Deity in the Temple. Supply of food on Chitra
Pournami day every year has to be done when God Kallalagar
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is taken in procession through the Vaigai river on way to
Vandiur, is the second charity mentioned in the Will. It is
necessary to refer at this stage to some of the relevant
provisions of the Act. “Religious institution” has been defined
in Section 6(18) as meaning a math, temple or specific
endowment. “Specific endowment” in Section 6(19) reads thus:
“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 but does not
include an inam of the nature described in Explanation (1) to
Clause (17)”. “Religious charity” is defined in Section 6(16) as
meaning a public charity associated with a Hindu festival or
observance of a religious character, whether it be connected
with a math or temple or not. “Religious endowment” or
“endowment” has been defined in Section 6(17) to mean all
property belonging to or given or endowed for the support of
maths or temples, or given or endowed for the performance of
any service or charity of a public nature connected therewith
or of any other religious charity, and includes the institution
concerned and also the premises thereof but does not include
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gifts or property made as personal gifts to the Archaka, Service
holder or other employee of a religious institution.
7. The Constitution Bench of this Court in the decision in
Mahant Ram Saroop Dasji Vs. S.P. Sahi and Ors . [1959
Supp.(2) SCR 583] has succinctly stated the distinction in
Hindu Law between religious endowments which are public
and those which are private, as under:
“To put it briefly, the essential distinction is that in a public trust the beneficial interest is vested in an uncertain and fluctuating body of persons, either the public at large or some considerable portion of it answering a particular description; in a private trust the beneficiaries are definite and ascertained individuals or who within a definite time can be definitely ascertained. 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.”
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8. This Court in the decision in Commissioner, Madras
Hindu Religious and Charitable Endowments Vs. Narayana
Ayyangar and Ors. [1965 (3) SCR 168], while considering the
charity to feed Brahmins on the occasion of Rathotsavam
festival of Sri Prasanna Venkatachalapathiswami Temple in
Gunaseelam, when feeding is not done in the Temple premises
but at a separate place, held that it is a public charity by
observing thus :
“On the facts found, it is clear that on the occasion of the Rathotsavam festival of Sri Prasanna Venkatachalapathiswami shrine, pilgrims from many places attend the festival and the object of the charity is to feed Brahmins attending the shrine on the occasion of this festival. It is not disputed that setting up a Fund for feeding Brahmins is a public charity. The primary purpose of the charity is to feed Brahmin pilgrims attending the Rathotsavam. This public charity has therefore a real connection with the Rathotsavam which is a Hindu festival of a religious character, and therefore, it is a religious charity within the meaning of Section 6(13) of Madras Act 19 of 1951.”
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The object of the second charity herein is to feed on the
occasion of God Kallalagar being taken out in procession on
Chitra Pournami day by entering into Vaigai river and going to
Vandiyur, and therefore, it is a religious charity and such a
service should be regarded as one meant for the Deity.
Specific endowment is a religious institution as per the
definition stated supra. For the purpose of Section 64 of the
Act, as per explanation provided, the institution means a
temple or a specific endowment attached to a temple. The
expression ‘attached’ in the explanation to Section 64(1) has to
be construed having regard to the history of the legislation and
the scheme and objects of the Act and as rightly held by the
High Court it is required to be understood broadly in that
sense of providing for the performance of any service or
charity in or connected with temple.
9. The charities of offering Neivedyam to Swami during
Punguni Uthiaram festival and the feeding by way of Pundhi
Bojanam on the occasion of God Kallalagar passing through
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Vaigai river to Vandiyur on Chitra Pournami day are religious
charities and constitute a service to the Deity in the temple
and in our view, the High Court is right in concluding that
the framing of a scheme in respect of these matters is within
the ambit of powers vested under Section 64 of the Act.
10. There are no merits in the appeal and the same is
dismissed. No costs.
………………….J. (M.Y. Eqbal)
.…………………J. (C. Nagappan)
New Delhi; November 24, 2015.