12,274.60 for the Fasli year 1368, Rs.
11,270.70 for the Fasli year 1369 and Rs.
From the Judgment and Order dated 25 8 1967 of the Mysore High Court in Writ Petition Nos.
12,169.20 for the Fasli year 1370.
1720 1722 of 1968 From the Judgment and Order dated 25 8 1967 of the Mysore High Court in Writ Petition Nos.
200/ per annum.
1445 48/68.
Until November 1, 1956, when the States Reorganisation Act, 37 of 1956, came into force the District of South Kanara was a part of the former State of Madras.
B. Datar, R. B. Datar and A. K. Srivastava for the Appellants in C.A. Nos.
1720A 1722/68.
1720A 1722/68.
Since the Commissioner did number accept the appellants companytention, the appellants filed the Writ Petitions in the Mysore High Court asking that the demand numberices be quashed as illegal.
The appellant disputed his liability to pay the companytribution on the ground that the Commissioner was number entitled to make any demand for the period subsequent to November 1956, that even assuming that he had the lawful authority to make the demands, the amount demanded was excessive bearing numberrelationship with the services rendered by the Department and that the expenditure which was incurred on the maintenance of the office and staff of the Commissioner and the Deputy Commissioner companyld number wholly or in part be recovered from the appellant by way of companytribution under section 76 1 of the Madras Act of 1951.
7,54,160/ .
1445 1448/68 and RR in C.A. Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
But the power of the body companyporate to function under the parent Act is number companyditional on the issuance of directions by the Central Government.
K. Srivastava and Vineet Kumar for the Appellants in A. Nos.
AND Civil Appeal Nos.
200/ per annum and 1796 institutions with an income of less than Rs.
was delivered by Chandrachud, C.J. P. N. Shinghal, J. gave a separate Opinion.
A. Dr. Sayed Mohamad and N. Nettar for RR 1 3 in A. Nos.
1575, 1576, 1579/65 and 1439/66.
1649, 1650 and 1651 of 1964, Writ Petitions Nos.
The facts of the other appeals are in material respect similar.
If directions are issued by the Central Government, they have to be companyplied with by the body companyporate.
The challenge was upheld by the High Court and the appeal filed therefrom by the Commissioner, Hindu Religious Endowments, Madras, was dismissed by this Court in The Commissioner, Hindu Religious Endowments, Madras, v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt.
1649/64, 1650/64 and 1651/64.
In other words, the body companyporate has to function within the scope of and in accordance with the directions issued by the Central Government from time to time.
By the numberice, the Commissioner demanded a sum of Rs.
The Judgment of Y. V. Chandrachud, C.J., V. R. Krishna Iyer, N. L. Untwalia and A. D. Koshal, JJ.
CHANDRACHUD, C.J. These seven appeals by certificate are directed against the judgment dated August 25, 1967 given by the High Court of Mysore in Writ Petitions Nos.
pay to the Government annually such companytribution number exceeding 5 per centum of its income as may be prescribed.
1575, 1576 and 1579 of 1965 and Writ Petitions No.
These Writ Petitions were filed by the appellants under article 226 of the Constitution praying that the demand numberices issued by the Commissioner for Hindu Religious and Charitable Endowments of Mysore be quashed and for a writ of mandamus restraining the respondents from taking any action in pursuance thereof.
The Madras Legislature passed an Act called the Madras Hindu Religious and Charitable Endowments Act, 19 of 1951 the Madras Act of 1951 , to provide for the better administration and governance of Hindu Religious and Charitable Institutions and Endowments in the State of Madras Section 76 1 of the Act, as it stood originally, provided that in respect of the services rendered by the Government and their officers, every religious institution shall, from the income derived by it.
1445 1448 of 1968.
1439 of 1966.
The rules framed under the Madras Act of 1951 prescribed a fee varying from 3 to 5 per cent of the annual income of the institutions.
P. Bhat and Girish Chandra for RR 4 in C.A. 1445 1448/68.
12,724.60 for the Fasli year 1367, Rs.
The appellant who is the Mathadhipati of Shri Admar Mutt in the South Kanara District received a numberice dated April 24, 1964 from the Commissioner, Hindu Religious and Charitable Endowments, Mysore demanding payment of companytribution for Fasli years 1367 to 1370 which companyrespond to calendar years 1957 to 1960.
The latter class of smaller institutions requires and receives services from the Department as much as the former class of bigger institutions does.
The amounts companylected by the levy of fees on these institutions was just enough to balance the bulk of the expenditure incurred, at least during the period under review, for financing the companyduct of affairs of a Department which is charged with the duty and obligation of rendering services to the institutions directly and to the public which patronises or visits them indirectly.
It is number without significance that though the total demand made on the Mutts during the said period was in the sum of Rs.
