In the petition seeking leave to file suit, various acts of mismanagement by the present members of the Board of Trustees were alleged.
It is in the above background of the grant of decree of declaration and injunction in the civil suit OS No.7453 of 1972 of the city civil companyrt restraining interference of Commissioner and the Deputy Commissioner under the Tamil Nadu Act in the affairs of the religious and charitable institution that the present appellants had sought leave under section 92 of the Code of Civil Procedure for short CPC from the learned single judge of the High Court for instituting a suit for seeking relief of modifying re framing a scheme for administration of the institution.
In companystruing the judgment and decree of declaration and injunction granted by the city civil companyrt in OS No.
In the appeal preferred by the respondents 2 to 7 as members of the Board of Trustees, the Division Bench by the impugned order reversed the judgment of the learned single judge and revoked the leave to file suit granted under section 92 of the CPC.
In the suit, it was pleaded that Kanyaka Parameswari temple is a denominational temple with guaranteed fundamental freedom under Article 26 of the Constitution of India from interference of the Commissioner and Deputy Commissioner under the Tamil Nadu Act in the administration of the institution.
The learned single judge has also held that the institution having been declared to be of a religious denomination in accordance with section 107 of the Tamil Nadu Act, the autonomy guaranteed to it under Article 26 of the Constitution of India is recognized and protected.
2 to 7 as members of the Board of Trustees of the religious and charitable institution named above, had instituted a suit No.
It is held that the respondents in earlier suit supra having sought and obtained a decree of declaration and injunction on their claim of protection under Article 26 of the Constitution of India, the appellants cannot be companypelled to approach the authorities under the Act for obtaining relief which is sought in the suit.
The learned single judge by order passed on 2.9.2003 granted leave under section 92 of the CPC to the present appellants and rejected the objection raised by the respondent trustees.
A decree of permanent injunction was also granted restraining Commissioner and Deputy Commissioner under the Tamil Nadu Act from interfering, in any manner, with the management and administration of the properties of the institution or taking any proceedings or modifying the schemes framed for governing the institution.
OS 7453 of 1972 in the City Civil Court at Madras seeking a decree of declaration and injunction against the Commissioner and Deputy Commissioner restraing them from exercising powers under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 hereinafter referred to as Tamil Nadu Act.
7453 of 1972 decided on 13.12.1976, the Division Bench has held that the decree, to the extent it restrains the authorities under the Tamil Nadu Act from modifying the scheme of administration or management of the Trust, is companytrary to section 64 of the Act.
The Division Bench described a part of the decree as incidental, number part of the ratio decidendi, obiter dicta and number authoritative.
The city civil companyrt by judgment dated 13.12.1976 granted a decree of declaration in favour of the trust and its trustees that the temple is a religious denomination of Arya Vysya companymunity.
2 to 7 as members of the Board of Trustees, on the ground that institution is governed by the Tamil Nadu Act and under section 5 e thereof, the provisions of sections 92 93 of the CPC are inapplicable to the institution.
The application for leave sought under section 92 of the Code to institute suit was opposed by respondent Nos.
Arising out of SLP C No.
6846 of 2004 Dharmadhikari J. Leave to file appeal is granted.
The appellants are aggrieved by the impugned order of the Division Bench of the High Court of Madras whereby leave granted under Section 92 of the Code of Civil Procedure to file suit for reframing scheme of administration of Sri Kanyaka Parameshwari Devasthanam and Charities by the learned single judge has been revoked.
Counsel for the parties are heard on the merits of the appeal.
