M. Sivananda Gurukkal v. The Chairman, Board of Trustees, Sri Subrahmaniaswami Devastanam, Vallimalai
1984-08-13
S.NAINAR SUNDARAM
body1984
DigiLaw.ai
Judgment :- The petitioners in this writ petition are the archakas of Sri Subra-maniaswami Devastanam, Vallimalai, Wallajah taluk, North Arcot Dt. Their grievance relates to the determination of their portion of the fees with regard to performance of services in the said temple. Earlier, there was the introduction of tickets system for the services in the temple. But, admittedly, as per the stand of the respondents, there has been a resolution of the first respondent on 6th June, 1982, varying the portion due to the archakas out of the service fees, which was also enhanced. The petitioners plead that they were not aware of the resolution of the first respondent and they have not been heard before there was a variation of their share and which variation admittedly is being enforced. Mr.R.S. Venkatachari, learned counsel for the petitioners, advancing this grievance of theirs, covets interference in writ jurisdiction for appropriate reliefs, relatable to the share of the archakas only. 2. Mr.W.C.Thiruvengadam, learned counsel appearing for the second respondent, would state that earlier the archakas had the opportunity when the ticket system was introduced and that would suffice the purpose. The learned counsel for the second respondent admits that subsequent to the filing of the writ petition, a regular order of the Deputy Commissioner in accordance with section 57 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, hereinafter referred to as the Act, has in fact been passed on 3rd May, 1983. The passing of the order by the Deputy Commissioner may not matter much, if the grievance of the petitioners is to be countenanced. I am inclined to countenance the grievance of the petitioners on principle. 3. Section 57 of the Act contemplates power to fix fees for services, etc., and to determine the portion of such fees payable to the Archakas or other office-holders or servants of the religious institutions. If there is going to be a variation, whether it be an increase or decrease, the archakas, the office Holders or the servants concerned, must definitely be heard. As to whether the increase is in their favour or not, cannot be visulaised without their say being on record.
If there is going to be a variation, whether it be an increase or decrease, the archakas, the office Holders or the servants concerned, must definitely be heard. As to whether the increase is in their favour or not, cannot be visulaised without their say being on record. That there should be a notice before there could be a fixation under section 57 of the Act has also been recognised by Mohan, J. in THE EXECUTIVE OFFICER, SRI ARTHANAREESWARAR DEVASTANAM, THIRU-CHENGODE v. BALASUBRAMANIA GURUKKAL AND OTHERS, S.A.No.723 of 1979 judgment dated 28th July, 1978. Fixation would also take in subsequent variation. It will not be in order to prejudge as to whether the variation would be beneficial or otherwise, and that is a matter that could be gone into by the determining authority himself after hearing the party or parties concerned. This principle stands violated in the present case. 4. Then the question is what is the proper remedy that can be accorded to the petitioners. As on date, the archakas of the temple including the petitioner could have the benefit of the present determination which is stated to be on the higher side, for whatever it is worth and that need not be stopped, to their detriment at this juncture. But, there is a need to do the determination of the portion of the service fees payable to the archakas afresh after hearing the archakas of the temple including the petitioners, and it should be done as expeditiously as possible in accordance with law. Hence, the determining authority, who is the Commissioner under section 57 of the Act and Mr.W.C.Thiruvengadam, learned counsel for the second respondent state that the Deputy Commissioner who has got delegated powers in this regard, shall determine the portion of the fees payable to the archakas consequent upon the increase of the fees for the tickets for the services in the temple pursuant to the resolution of the first respondent, dated 6th June, 1982, within a period of eight weeks from the date of the receipt of the copy of this order. Until the determination is done as above, the present state of affairs would continue. The archakas are at liberty to put forth all the factors coveting for a proper determination of their shares. This order of mine should not be construed to have disturbed the increase of the fees for the tickets. 5.
Until the determination is done as above, the present state of affairs would continue. The archakas are at liberty to put forth all the factors coveting for a proper determination of their shares. This order of mine should not be construed to have disturbed the increase of the fees for the tickets. 5. Copies of this order shall be marked to the Commissioner, Hindu Religious and Charitable Endowments, Madras, as well as the Deputy Commissioner, Hindu Religious and Charitable Endowments, Madras. This writ petition is ordered in the above terms. No costs. Ordered accordingly.