Case Note & Summary
The case involves four writ petitions filed by Rathinasamy and others seeking a writ of mandamus to direct the Hindu Religious and Charitable Endowment (HR&CE) Department to take over the management of the Arulmigu Kulasekara Amman Kovil temple, located at Oormelalagiyan Village, Kadayanallur Taluk, Tenkasi District. The petitioners claimed that the temple is an 800-year-old Pandiya dynasty temple and that the 10th respondent, the President of the Arulmigu Kulasekara Amman Kovil Komarathar Trust (UAKAKK), was mismanaging the temple. They alleged that the trust had been running the temple as a private entity and sought the intervention of the HR&CE Department to bring it under public control. The respondents, including the HR&CE officials and the trust, opposed the petitions, arguing that the temple is a private religious institution managed by the trust for over 100 years and that the HR&CE Act does not apply to private temples unless they are declared public through due process. The court examined the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, particularly Section 1(4), which exempts private religious institutions from the Act's application. The court noted that the temple had been under the trust's management for over a century and that there was no evidence of any declaration by the HR&CE Department that the temple is a public religious institution. The court held that the dispute regarding the nature of the temple (public or private) is a mixed question of law and fact, which cannot be resolved in writ proceedings under Article 226 of the Constitution. The proper remedy lies in a civil suit for a declaration. The court also observed that the petitioners had not exhausted alternative remedies and that the writ petitions were premature. Consequently, the court dismissed all four writ petitions, leaving it open to the petitioners to approach the civil court if they so desired. The connected miscellaneous petitions were also closed.
Headnote
A) Religious Endowments - Takeover of Temple Management - Section 1(4) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Writ of Mandamus - The petitioner sought a direction to the HR&CE Department to take over the management of a temple allegedly under private trust control. The court held that the temple is a private religious institution managed by a trust for over 100 years, and the HR&CE Act does not apply to such institutions unless they are declared public. The writ petition was dismissed as the remedy lies in civil court, not under Article 226. (Paras 1-14) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Mandamus - The court held that a writ of mandamus cannot be issued to compel the HR&CE Department to take over a temple without a prior declaration that the temple is a public religious institution. The dispute regarding the nature of the temple (public or private) is a mixed question of law and fact, which must be adjudicated by a civil court. (Paras 10-14)
Issue of Consideration
Whether a writ of mandamus can be issued to direct the HR&CE Department to take over the management of a temple that has been under the control of a private trust for over 100 years, without the temple being declared a public religious institution under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
Final Decision
All four writ petitions are dismissed. The petitioners are at liberty to approach the civil court for appropriate remedy. Connected miscellaneous petitions are closed.
Law Points
- Private trust management of temple
- HR&CE Act takeover
- Section 1(4) of Tamil Nadu HR&CE Act
- 1959
- Article 226 of Constitution of India
- Mandamus
- Public religious institution
- Due process
