Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
2025 INSC 465
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.476/2012
SH.DAYANANDA SARASWATI SWAMIJI (DEAD) & ORS. Petitioner(s)
VERSUS
THE STATE OF TAMIL NADU & ORS. Respondent(s)
WITH
WRIT PETITION (C) NO.1432/2019
WRIT PETITION (C) NO.1147/2021
WRIT PETITION (C) NO.148/2024
O R D E R
The petitioners in each of these writ petitions which
were filed under Article 32 of the Constitution of India have
sought the following reliefs:
“WRIT PETITION (C) NO.476/2012
(i) declare that the Section 3(1), 3(4), 23, 24,
26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47, 49, 49-B,
50, 54 (1), 63, Sections 71-76, 92,97, 108 and 111
of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959 Act as being ultra vires
Articles 14, 19 (1)(g), 25, 26 and 31 (1)(a)(b) of
the Constitution of India.
(ii) declare that the Sections 8, 12, 13, 15, 17-19
& 22, 25, 29, 41, 49, 51-55, 66, 70 and 87 of the
Andhra Pradesh Charitable and Hindu Religious
Institutions and Endowments Act, 1987 [(Act 30 of
1987) as being ultra vires Articles 14, 19(1)(g),
25, 26 and 31 (1)(a)(b) of the Constitution of
India.
Signature Not Verified
Digitally signed by
NEETU SACHDEVA
Date: 2025.04.08
16:48:03 IST
Reason:
1
(iii) declare that the Sections 3A, 4, 8, 9, 11,
12, 13 and 14 of the Pondicherry Act, 1972 as being
ultra vires Articles 14, 19(1)(g), 25, 26 and 31
(1)(a)(b) of the Constitution of lndia.
(iv) that pending the hearing and final disposal of
the Writ Petition, the Respondents by themselves,
their servants and agents be restrained from acting
in furtherance of the impugned Section 3(1), 3(4),
23, 24, 26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47,
49, 49-B, 50, 54(1), 63, Sections 71-76, 92,97, 108
and 111 of the Tamil Nadu Hindu Religious and
Charitable Endowments Act, 1959 Act.
(v) that pending the hearing and final disposal of
the Writ Petition, the Respondents by themselves,
their servants and agents be restrained from acting
in furtherance of the impugned Section 8, 12, 13,
15, 17-19 & 22, 25, 29, 41, 49, 51-55, 66, 70 and
87 of the Andhra Pradesh Charitable and Hindu
Religious Institutions and Endowments Act, 1987
[(Act 30 of 1987).
(vi) that pending the hearing and final disposal of
the Writ Petition, the Respondents by themselves,
their servants and agents be restrained from acting
in furtherance of the impugned Sections 3A, 4, 8,
9, 11, 12, 13 and 14 of the Pondicherry Act, 1972
(vii) that this Hon'ble Court may be pleased to
pass such other as may be deemed fit in the facts
and circumstances of the case.
WRIT PETITION (C) NO.1432/2019
i. Issue a writ in the nature of certiorari in
quashing Sections 1(3), 3, 23, 24, 25-A, 26, 27,
34, 34A, 34B, 34C, 34D, 35, 36, 45, 47, 48, 49, 49-
B, 50, 52, 53, 54, 56(2), 57, 58, 59, 61, 63, 64,
65, 66, 67, 69, 70, 71-76 (including 75A, 75B and
75C), 92, 97, 108 and 111 of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959 be
declared ultra vires Articles 14, 19, 25, 26, 29,
and 31A of the Constitution of India; and
ii. Issue a writ in the nature of certiorari and
quash the Utilization of Surplus Funds Rules (G.O.
Ms. No. 4524, Revenue, dated the 5th November,
1960) framed under Section 36 of the Act as being
unconstitutional; and
2
iii. Issue a writ in the nature of certiorari and
quash the Conditions for Appointment of Executive
Officers Rules, 2015 (G.O. Ms. No. 260, Tourism,
Culture and Religious Endowments (RE4-2), dated
6th November 2015) framed under Sections 43A and 45
of the Act as being unconstitutional; and
iv. Issue a writ in the nature of certiorari and
quash the Appointment of Auditors Rules (G.O. Ms.
No. 3029, Revenue, dated the 20th July 1961) framed
under Section 87 of the Act as being ultra vires
the Act; and
v. Issue a writ in the nature of certiorari and
quash the appointment of Executive Officers made
under Section 45 for the Tiruchendur Temple and the
other major Temples such as Sri Kantimatisameta Sri
Nellaiappar Temple, Tirunelveli, Sri
Arthanareeswarar Temple, Tiruchengode, Sri
Kallazhagar Temple, Azhagarkoil and Sri
Kothandaramaswamy Temple, Vaduvurto which such
appointments were made with effect from July 16,
1966 under Sections 75-A and 75-B of the Act; and
vi. Issue a writ in the nature of mandamus and
direct an investigation by a Special Investigation
Team headed by an officer of high integrity such as
Shri A.G.PonManickavel IPS, IG (Idol Theft Wing) of
Tamil Nadu, into the conduct of the Officers of the
Hindu Religious and Charitable Endowments
Department insofar as the Sri Subrahmanya Swami
Temple is concerned as well as other public
servants, including elected representatives, of the
Respondent; and
vii. Issue a writ in the nature of mandamus Direct
external audit of the Temple for the past five
years through a reputed audit firm; and/or
viii. Issue any such other writ or pass any such
other or further order (s)
ix. and direction (s) as this Hon'ble Court may
deem fit and proper in the facts and circumstances
of the case and in the interest of justice.
3
WRIT PETITION (C) NO.1147/2021
a) Issue an appropriate writ, order or direction,
striking down Sections 21, 23, 27, 28, 47, 49, 49B,
53, 55, 56, and 114 of the HRCE Act and all Rules,
orders, notifications issued under these sections
as unconstitutional and ultra-vires Articles 14, 25
and 26 of the Constitution.
b) Pass appropriate writ, direction or order under
Article 142 the Constitution of India and mold the
appropriate reliefs that will be in public interest
while upholding the Constitution of India.
c) Pass any other directions or orders as may be
deemed appropriate in the interest of justice.
WRIT PETITION (C) NO.148/2024
a) Issue an appropriate writ, order or direction,
striking down Telangana Hindu Religious and
Charitable Endowments Act, 1987, and all Rules,
orders, notifications issued under these sections
as unconstitutional and ultra-vires Articles 14,
25, 26 and 31A of the Constitution.
b) Issue an appropriate writ, order or direction
Setting aside the Order dated 29th December 2023
passed in Rc No. A2/13170/2023, and the Order dated
25th January 2024, in Rc No. D/1075/2019-3, passed
by the Commissioner, Endowments Department,
Telangana.
c) Pass any other directions or orders as may be
deemed appropriate in the interest of justice.”
2. For ease of reference, the headings of the provisions
assailed under the three respective Acts are extracted as
under:
4
“Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959
CHAPTER – I
PRELIMINARY.
1. Short title, extent, application and
commencement.
xxx xxx xxx
3. Power to extend Act to Charitable Endowments
xxx xxx xxx
CHAPTER – III
RELIGIOUS INSTITUTIONS. GENERAL PROVISIONS.
23. Power and duties of Commissioner in respect
of temples and religious endowments
24. Power to enter religious institutions
25-A. Qualifications of trustees
26. Disqualifications of trustees
27. Trustee bound to obey orders issued under Act
xxx xxx xxx
32. Trustee to furnish accounts, returns, etc.
xxx xxx xxx
34. Alienation of immovable trust property
34A. Fixation of lease rent
34B. Termination of lease of immovable property
34C. Payment of amount
34D. Bar of jurisdiction of Civil Court
35. Authority of trustee to incur expenditure for
securing health, etc., of pilgrims and
worshippers and for training of archakas,
etc.,
36. Utilisation of surplus funds
36-A. Utilisation of surplus funds for Hindu
marriages
5
36-B. Utilisation of surplus funds for making
contribution towards any funds for the
purposes of feeding the poor etc.
xxx xxx xxx
43-A. Appointment and duties of Executive Officer
in temples under Maths.
Religious institutions other than Maths or
Specific Endowments attached thereto.
44. Sections 45 to 58 not to apply to maths or
specific endowments attached to maths.—The
provisions of sections 45 to 58 shall not
apply to maths or specific endowments
attached to maths.
45. Appointment and duties of Executive Officers
xxx xxx xxx
47. Trustees and their number and term of offices
48. Chairman
49. Power of Assistant Commissioner to appoint
trustees and fit persons
49-B. Power of executive officer and Chairman of
Board of Trustees not to implement order or
resolution of the trustee or Board of
Trustees in certain cases
50. Power under sections 47, 49 and 49-A to be
exercisable notwithstanding provisions in
scheme
xxx xxx xxx
52. Non-hereditary trustees holding office on the
date of the commencement of the Act
53. Power to suspend, remove or dismiss trustees
54. Filling up of vacancies in the offices of
hereditary trustee
54(1).When a permanent vacancy occurs in the
office of the hereditary trustee of a
religious institution, the next in the line
of succession shall be entitled to succeed to
6
the office.
xxx xxx xxx
56(2. When a temporary vacancy occurs in such an
office by reason of suspension of the
hereditary trustee under sub-section (2) of
section 53, the next in the line of
succession shall be entitled to succeed and
perform the functions of the trustee until
his disability ceases.
57. Power to fix fees for services etc., and to
determine their appointment
58. Fixing of standard scales of expenditure
CHAPTER IV
MATHS.
59. Suit for removal of trustee of math or
specific endowment attached thereto
xxx xxx xxx
61. Fixing of standard scales of expenditure
xxx xxx xxx
CHAPTER V
INQUIRIES
63. Joint Commissioner or Deputy Commissioner to
decide certain disputes and matters
64. Power of Joint Commissioner or Deputy
Commissioner to settle schemes
65. Power of Commissioner to settle schemes
66. Appropriation of endowments
67. Determination and application of properties
and funds of defunct religious institutions
xxx xxx xxx
69. Appeal to the Commissioner
70. Suits and appeals
7
CHAPTER VI
NOTIFIED RELIGIOUS INSTITUTIONS.
71. Issue of notice to show cause why institution
should not be notified
72. Consideration of objections, if any, and
notification of institution
73. Scheme to lapse on notification
74. Appointment of salaried executive officer
75. Section 64 not to apply to notified
institutions
75-A. Notification under Chapter VI-A of Tamil Nadu
Act II of 1927 to continue in force
75-B. Further continuance of notification under
Chapter VI-A of Tamil Nadu Act II of 1927.
75-C. Right to suit.
76. Saving
xxx xxx xxx
CHAPTER IX
FINANCE
92. Religious institution to pay an annual
contribution to the Government
xxx xxx xxx
CHAPTER – X
ENDOWMENTS ADMINISTRATION FUND
97. Creation of Hindu Religious and Charitable
Endowments Common Good Fund
xxx xxx xxx
CHAPTER – XI
MISCELLANEOUS.
108. Bar of suits in respect of administration or
management of religious institutions, etc.
xxx xxx xxx
111. Notifications, orders, etc., under Act not to
be questioned in Court of Law
8
Andhra Pradesh Charitable and Hindu Religious
Institutions and Endowments Act, 1987
CHAPTER-II
COMMISSIONER, ADDITIONAL COMMISSIONER, REGIONAL
JOINT COMMISSIONER ETC., AND THEIR POWERS AND
FUNCTIONS
xxx xxx xxx
8. Powers and functions of Commissioner and
Additional Commissioner
xxx xxx xxx
12. Powers of Commissioner etc., to enter and
inspect institutions and endowments
13. Commissioner etc., to observe appropriate
forms, usages and practices
xxx xxx xxx
CHAPTER-III
ADMINISTRATION AND MANAGEMENT OF CHARITABLE AND
HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS
15. Appointment of Board of Trustees
xxx xxx xxx
17. Procedure for making appointments of trustees
and their term
18. Qualifications for Trusteeship
19. Disqualifications for Trusteeship
xxx xxx xxx
22. Vacancy in the office of trustee and filling
of such vacancy
xxx xxx xxx
25. Fixation of dittam
xxx xxx xxx
29. Appointment and duties of Executive Officer
xxx xxx xxx
41. Power of Executive Officer not to implement
resolution of the trustee or the Board of
Trustees in certain cases
xxx xxx xxx
9
CHAPTER – V
MATHS AND SPECIFIC ENDOWMENTS ATTACHED THERETO
49. Fixation of dittam
xxx xxx xxx
51. Removal of Mathadhipathi
52. Filling of temporary vacancies in the office
of the mathadhipathi
53. Filling of permanent vacancies in the office
of mathadhipathi
54. Nomination of mathadhipathi
55. Power of Commissioner to frame schemes
xxx xxx xxx
CHAPTER - VIII
FINANCE
66. Assessment of contribution on the trustee
xxx xxx xxx
70. Common Good Fund
xxx xxx xxx
CHAPTER -XII
ENQUIRIES
87. Power of Deputy Commissioner to decide
certain disputes and matters
Pondicherry Hindu Religious Institutions Act, 1972
xxx xxx xxx
3A. Powers and functions of Commissioner.
4. Board of Trustees.
xxx xxx xxx
8. Duties of trustees.
9. Appointment, powers and duties of Executive
officers.
xxx xxx xxx
11. Payment of contributions.
12. Recovery of contributions, costs, charges and
expenses.
10
13. Budget of religious Institutions.
14. Accounts and audit.”
3. We have heard learned senior counsel for the
petitioner(s), Dr. Subramanian Swamy, who has appeared as
petitioner-in-person, learned A.S.G. Sri K.M. Nataraj
appearing for the Union of India and Union Territory of
Puducherry and learned senior counsel and learned counsel
appearing for the States of Andhra Pradesh, Tamil Nadu and
Telangana as well as the learned senior counsel and learned
counsel who have filed application(s) for
intervention/impleadment at length.
4. Having regard to the challenge made to various
provisions of the Hindu Religious and Charitable Endowments
Act of the respective States, we find that the petitioners
could be permitted to approach the respective State High
Courts to assail the said provisions since the scheme of
the respective Scheme Acts may be distinct.
5. It is noted that in these petitions, the provisions
which are under challenge are not only pertaining to the
Tamil Nadu Hindu Religious and Charitable Endowments Act,
1959 but also the Puducherry Act of 1972 as well as the
Andhra Pradesh Charitable and Hindu Religious Institutions
and Endowments Act, 1987. We find that a more effective
manner of ventilating the grievances by the petitioners
11
herein is to assail the provisions of the respective Acts
before the respective jurisdictional High Courts so as to
enable the High Courts to better appreciate the dimensions
of challenge of the provisions of the respective Acts.
6. In the circumstances, we dispose of these writ
petitions by reserving liberty to the petitioners herein to
file their writ petitions before the respective High
Courts.
7. It is needless to observe that if such writ petitions
are filed by the petitioners herein before the respective
High Courts, the same could be considered having regard to
the various dimensions of the provisions in light of the
socio-economic, cultural and religious aspects of the
matter which are all in essence historical aspects of the
matter including the judicial verdicts of the Courts.
8. The High Courts are also free to constitute an Expert
Committee so as to have assistance of the recommendations
said Committee for the purpose of deciding the cases, if
they so think fit.
9. These Writ petitions are disposed of in the aforesaid
terms.
12
All pending application(s) including the
application(s) for intervention/impleadment shall stand
disposed of.
…………………………………………………J.
[B.V. NAGARATHNA]
………………………………………………………J.
[SATISH CHANDRA SHARMA]
NEW DELHI
APRIL 01, 2025
13
IN THE SUPREME COURT OF INDIA
2025 INSC 465
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.476/2012
SH.DAYANANDA SARASWATI SWAMIJI (DEAD) & ORS. Petitioner(s)
VERSUS
THE STATE OF TAMIL NADU & ORS. Respondent(s)
WITH
WRIT PETITION (C) NO.1432/2019
WRIT PETITION (C) NO.1147/2021
WRIT PETITION (C) NO.148/2024
O R D E R
The petitioners in each of these writ petitions which
were filed under Article 32 of the Constitution of India have
sought the following reliefs:
“WRIT PETITION (C) NO.476/2012
(i) declare that the Section 3(1), 3(4), 23, 24,
26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47, 49, 49-B,
50, 54 (1), 63, Sections 71-76, 92,97, 108 and 111
of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959 Act as being ultra vires
Articles 14, 19 (1)(g), 25, 26 and 31 (1)(a)(b) of
the Constitution of India.
(ii) declare that the Sections 8, 12, 13, 15, 17-19
& 22, 25, 29, 41, 49, 51-55, 66, 70 and 87 of the
Andhra Pradesh Charitable and Hindu Religious
Institutions and Endowments Act, 1987 [(Act 30 of
1987) as being ultra vires Articles 14, 19(1)(g),
25, 26 and 31 (1)(a)(b) of the Constitution of
India.
Signature Not Verified
Digitally signed by
NEETU SACHDEVA
Date: 2025.04.08
16:48:03 IST
Reason:
1
(iii) declare that the Sections 3A, 4, 8, 9, 11,
12, 13 and 14 of the Pondicherry Act, 1972 as being
ultra vires Articles 14, 19(1)(g), 25, 26 and 31
(1)(a)(b) of the Constitution of lndia.
(iv) that pending the hearing and final disposal of
the Writ Petition, the Respondents by themselves,
their servants and agents be restrained from acting
in furtherance of the impugned Section 3(1), 3(4),
23, 24, 26, 32, 35, 36, 36-A, 36-B, 43-A, 45, 47,
49, 49-B, 50, 54(1), 63, Sections 71-76, 92,97, 108
and 111 of the Tamil Nadu Hindu Religious and
Charitable Endowments Act, 1959 Act.
(v) that pending the hearing and final disposal of
the Writ Petition, the Respondents by themselves,
their servants and agents be restrained from acting
in furtherance of the impugned Section 8, 12, 13,
15, 17-19 & 22, 25, 29, 41, 49, 51-55, 66, 70 and
87 of the Andhra Pradesh Charitable and Hindu
Religious Institutions and Endowments Act, 1987
[(Act 30 of 1987).
(vi) that pending the hearing and final disposal of
the Writ Petition, the Respondents by themselves,
their servants and agents be restrained from acting
in furtherance of the impugned Sections 3A, 4, 8,
9, 11, 12, 13 and 14 of the Pondicherry Act, 1972
(vii) that this Hon'ble Court may be pleased to
pass such other as may be deemed fit in the facts
and circumstances of the case.
WRIT PETITION (C) NO.1432/2019
i. Issue a writ in the nature of certiorari in
quashing Sections 1(3), 3, 23, 24, 25-A, 26, 27,
34, 34A, 34B, 34C, 34D, 35, 36, 45, 47, 48, 49, 49-
B, 50, 52, 53, 54, 56(2), 57, 58, 59, 61, 63, 64,
65, 66, 67, 69, 70, 71-76 (including 75A, 75B and
75C), 92, 97, 108 and 111 of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959 be
declared ultra vires Articles 14, 19, 25, 26, 29,
and 31A of the Constitution of India; and
ii. Issue a writ in the nature of certiorari and
quash the Utilization of Surplus Funds Rules (G.O.
Ms. No. 4524, Revenue, dated the 5th November,
1960) framed under Section 36 of the Act as being
unconstitutional; and
2
iii. Issue a writ in the nature of certiorari and
quash the Conditions for Appointment of Executive
Officers Rules, 2015 (G.O. Ms. No. 260, Tourism,
Culture and Religious Endowments (RE4-2), dated
6th November 2015) framed under Sections 43A and 45
of the Act as being unconstitutional; and
iv. Issue a writ in the nature of certiorari and
quash the Appointment of Auditors Rules (G.O. Ms.
No. 3029, Revenue, dated the 20th July 1961) framed
under Section 87 of the Act as being ultra vires
the Act; and
v. Issue a writ in the nature of certiorari and
quash the appointment of Executive Officers made
under Section 45 for the Tiruchendur Temple and the
other major Temples such as Sri Kantimatisameta Sri
Nellaiappar Temple, Tirunelveli, Sri
Arthanareeswarar Temple, Tiruchengode, Sri
Kallazhagar Temple, Azhagarkoil and Sri
Kothandaramaswamy Temple, Vaduvurto which such
appointments were made with effect from July 16,
1966 under Sections 75-A and 75-B of the Act; and
vi. Issue a writ in the nature of mandamus and
direct an investigation by a Special Investigation
Team headed by an officer of high integrity such as
Shri A.G.PonManickavel IPS, IG (Idol Theft Wing) of
Tamil Nadu, into the conduct of the Officers of the
Hindu Religious and Charitable Endowments
Department insofar as the Sri Subrahmanya Swami
Temple is concerned as well as other public
servants, including elected representatives, of the
Respondent; and
vii. Issue a writ in the nature of mandamus Direct
external audit of the Temple for the past five
years through a reputed audit firm; and/or
viii. Issue any such other writ or pass any such
other or further order (s)
ix. and direction (s) as this Hon'ble Court may
deem fit and proper in the facts and circumstances
of the case and in the interest of justice.
3
WRIT PETITION (C) NO.1147/2021
a) Issue an appropriate writ, order or direction,
striking down Sections 21, 23, 27, 28, 47, 49, 49B,
53, 55, 56, and 114 of the HRCE Act and all Rules,
orders, notifications issued under these sections
as unconstitutional and ultra-vires Articles 14, 25
and 26 of the Constitution.
b) Pass appropriate writ, direction or order under
Article 142 the Constitution of India and mold the
appropriate reliefs that will be in public interest
while upholding the Constitution of India.
c) Pass any other directions or orders as may be
deemed appropriate in the interest of justice.
WRIT PETITION (C) NO.148/2024
a) Issue an appropriate writ, order or direction,
striking down Telangana Hindu Religious and
Charitable Endowments Act, 1987, and all Rules,
orders, notifications issued under these sections
as unconstitutional and ultra-vires Articles 14,
25, 26 and 31A of the Constitution.
b) Issue an appropriate writ, order or direction
Setting aside the Order dated 29th December 2023
passed in Rc No. A2/13170/2023, and the Order dated
25th January 2024, in Rc No. D/1075/2019-3, passed
by the Commissioner, Endowments Department,
Telangana.
c) Pass any other directions or orders as may be
deemed appropriate in the interest of justice.”
2. For ease of reference, the headings of the provisions
assailed under the three respective Acts are extracted as
under:
4
“Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959
CHAPTER – I
PRELIMINARY.
1. Short title, extent, application and
commencement.
xxx xxx xxx
3. Power to extend Act to Charitable Endowments
xxx xxx xxx
CHAPTER – III
RELIGIOUS INSTITUTIONS. GENERAL PROVISIONS.
23. Power and duties of Commissioner in respect
of temples and religious endowments
24. Power to enter religious institutions
25-A. Qualifications of trustees
26. Disqualifications of trustees
27. Trustee bound to obey orders issued under Act
xxx xxx xxx
32. Trustee to furnish accounts, returns, etc.
xxx xxx xxx
34. Alienation of immovable trust property
34A. Fixation of lease rent
34B. Termination of lease of immovable property
34C. Payment of amount
34D. Bar of jurisdiction of Civil Court
35. Authority of trustee to incur expenditure for
securing health, etc., of pilgrims and
worshippers and for training of archakas,
etc.,
36. Utilisation of surplus funds
36-A. Utilisation of surplus funds for Hindu
marriages
5
36-B. Utilisation of surplus funds for making
contribution towards any funds for the
purposes of feeding the poor etc.
xxx xxx xxx
43-A. Appointment and duties of Executive Officer
in temples under Maths.
Religious institutions other than Maths or
Specific Endowments attached thereto.
44. Sections 45 to 58 not to apply to maths or
specific endowments attached to maths.—The
provisions of sections 45 to 58 shall not
apply to maths or specific endowments
attached to maths.
45. Appointment and duties of Executive Officers
xxx xxx xxx
47. Trustees and their number and term of offices
48. Chairman
49. Power of Assistant Commissioner to appoint
trustees and fit persons
49-B. Power of executive officer and Chairman of
Board of Trustees not to implement order or
resolution of the trustee or Board of
Trustees in certain cases
50. Power under sections 47, 49 and 49-A to be
exercisable notwithstanding provisions in
scheme
xxx xxx xxx
52. Non-hereditary trustees holding office on the
date of the commencement of the Act
53. Power to suspend, remove or dismiss trustees
54. Filling up of vacancies in the offices of
hereditary trustee
54(1).When a permanent vacancy occurs in the
office of the hereditary trustee of a
religious institution, the next in the line
of succession shall be entitled to succeed to
6
the office.
xxx xxx xxx
56(2. When a temporary vacancy occurs in such an
office by reason of suspension of the
hereditary trustee under sub-section (2) of
section 53, the next in the line of
succession shall be entitled to succeed and
perform the functions of the trustee until
his disability ceases.
57. Power to fix fees for services etc., and to
determine their appointment
58. Fixing of standard scales of expenditure
CHAPTER IV
MATHS.
59. Suit for removal of trustee of math or
specific endowment attached thereto
xxx xxx xxx
61. Fixing of standard scales of expenditure
xxx xxx xxx
CHAPTER V
INQUIRIES
63. Joint Commissioner or Deputy Commissioner to
decide certain disputes and matters
64. Power of Joint Commissioner or Deputy
Commissioner to settle schemes
65. Power of Commissioner to settle schemes
66. Appropriation of endowments
67. Determination and application of properties
and funds of defunct religious institutions
xxx xxx xxx
69. Appeal to the Commissioner
70. Suits and appeals
7
CHAPTER VI
NOTIFIED RELIGIOUS INSTITUTIONS.
71. Issue of notice to show cause why institution
should not be notified
72. Consideration of objections, if any, and
notification of institution
73. Scheme to lapse on notification
74. Appointment of salaried executive officer
75. Section 64 not to apply to notified
institutions
75-A. Notification under Chapter VI-A of Tamil Nadu
Act II of 1927 to continue in force
75-B. Further continuance of notification under
Chapter VI-A of Tamil Nadu Act II of 1927.
75-C. Right to suit.
76. Saving
xxx xxx xxx
CHAPTER IX
FINANCE
92. Religious institution to pay an annual
contribution to the Government
xxx xxx xxx
CHAPTER – X
ENDOWMENTS ADMINISTRATION FUND
97. Creation of Hindu Religious and Charitable
Endowments Common Good Fund
xxx xxx xxx
CHAPTER – XI
MISCELLANEOUS.
108. Bar of suits in respect of administration or
management of religious institutions, etc.
xxx xxx xxx
111. Notifications, orders, etc., under Act not to
be questioned in Court of Law
8
Andhra Pradesh Charitable and Hindu Religious
Institutions and Endowments Act, 1987
CHAPTER-II
COMMISSIONER, ADDITIONAL COMMISSIONER, REGIONAL
JOINT COMMISSIONER ETC., AND THEIR POWERS AND
FUNCTIONS
xxx xxx xxx
8. Powers and functions of Commissioner and
Additional Commissioner
xxx xxx xxx
12. Powers of Commissioner etc., to enter and
inspect institutions and endowments
13. Commissioner etc., to observe appropriate
forms, usages and practices
xxx xxx xxx
CHAPTER-III
ADMINISTRATION AND MANAGEMENT OF CHARITABLE AND
HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS
15. Appointment of Board of Trustees
xxx xxx xxx
17. Procedure for making appointments of trustees
and their term
18. Qualifications for Trusteeship
19. Disqualifications for Trusteeship
xxx xxx xxx
22. Vacancy in the office of trustee and filling
of such vacancy
xxx xxx xxx
25. Fixation of dittam
xxx xxx xxx
29. Appointment and duties of Executive Officer
xxx xxx xxx
41. Power of Executive Officer not to implement
resolution of the trustee or the Board of
Trustees in certain cases
xxx xxx xxx
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CHAPTER – V
MATHS AND SPECIFIC ENDOWMENTS ATTACHED THERETO
49. Fixation of dittam
xxx xxx xxx
51. Removal of Mathadhipathi
52. Filling of temporary vacancies in the office
of the mathadhipathi
53. Filling of permanent vacancies in the office
of mathadhipathi
54. Nomination of mathadhipathi
55. Power of Commissioner to frame schemes
xxx xxx xxx
CHAPTER - VIII
FINANCE
66. Assessment of contribution on the trustee
xxx xxx xxx
70. Common Good Fund
xxx xxx xxx
CHAPTER -XII
ENQUIRIES
87. Power of Deputy Commissioner to decide
certain disputes and matters
Pondicherry Hindu Religious Institutions Act, 1972
xxx xxx xxx
3A. Powers and functions of Commissioner.
4. Board of Trustees.
xxx xxx xxx
8. Duties of trustees.
9. Appointment, powers and duties of Executive
officers.
xxx xxx xxx
11. Payment of contributions.
12. Recovery of contributions, costs, charges and
expenses.
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13. Budget of religious Institutions.
14. Accounts and audit.”
3. We have heard learned senior counsel for the
petitioner(s), Dr. Subramanian Swamy, who has appeared as
petitioner-in-person, learned A.S.G. Sri K.M. Nataraj
appearing for the Union of India and Union Territory of
Puducherry and learned senior counsel and learned counsel
appearing for the States of Andhra Pradesh, Tamil Nadu and
Telangana as well as the learned senior counsel and learned
counsel who have filed application(s) for
intervention/impleadment at length.
4. Having regard to the challenge made to various
provisions of the Hindu Religious and Charitable Endowments
Act of the respective States, we find that the petitioners
could be permitted to approach the respective State High
Courts to assail the said provisions since the scheme of
the respective Scheme Acts may be distinct.
5. It is noted that in these petitions, the provisions
which are under challenge are not only pertaining to the
Tamil Nadu Hindu Religious and Charitable Endowments Act,
1959 but also the Puducherry Act of 1972 as well as the
Andhra Pradesh Charitable and Hindu Religious Institutions
and Endowments Act, 1987. We find that a more effective
manner of ventilating the grievances by the petitioners
11
herein is to assail the provisions of the respective Acts
before the respective jurisdictional High Courts so as to
enable the High Courts to better appreciate the dimensions
of challenge of the provisions of the respective Acts.
6. In the circumstances, we dispose of these writ
petitions by reserving liberty to the petitioners herein to
file their writ petitions before the respective High
Courts.
7. It is needless to observe that if such writ petitions
are filed by the petitioners herein before the respective
High Courts, the same could be considered having regard to
the various dimensions of the provisions in light of the
socio-economic, cultural and religious aspects of the
matter which are all in essence historical aspects of the
matter including the judicial verdicts of the Courts.
8. The High Courts are also free to constitute an Expert
Committee so as to have assistance of the recommendations
said Committee for the purpose of deciding the cases, if
they so think fit.
9. These Writ petitions are disposed of in the aforesaid
terms.
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All pending application(s) including the
application(s) for intervention/impleadment shall stand
disposed of.
…………………………………………………J.
[B.V. NAGARATHNA]
………………………………………………………J.
[SATISH CHANDRA SHARMA]
NEW DELHI
APRIL 01, 2025
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