![Madras HC Sets Aside Sale Of Properties Endowed In 1907 For Temple Rituals [Read Judgment]](/static/images/error.jpg)
Madras HC Sets Aside Sale Of Properties Endowed In 1907 For Temple Rituals [Read Judgment]
Live LawMadurai Bench of Madras High Court has reversed a lower Court’s order granting permission to the hereditary trustees of a religious endowment to sell immovable properties that had been endowed in 1907 for conducting rituals in various temples.The Bench comprising Justice A. Selvam and Justice N. Authinathan held that the permission was bad in law since none of the beneficiary temples and their idols had been included as defendants to the civil suit filed by the trustees.“According to the plaint averments, the income from the 'B to F' schedule properties were endowed for the performance of Upayams and Kaingaryams to the several temples set out in the settlement deed. Therefore, idols/temples are necessary parties to the suit and the suit is bad for non-joinder of necessary parties,” the Court observed.The Court was hearing an Appeal filed by The Idol of Sri Ranganathaswamy Temple in Srirangam, challenging a judgment passed in July, 2011 by the I Additional District Judge, Tiruchirappalli. The suit before the ADJ had been filed by the present trustees, the grandsons and great grandsons of Mr. Rangasamy Chettiar, against an individual named L. Balamurugan in 2009, contending that the latter was objecting to the proposed sale of the properties, even though the income from them was not sufficient to perform the rituals. The trustees, on the other hand, had contended that there was no necessity to approach the HR and CE Commissioner since the endowment was not completely religious.The Court pointed out that Nambi Ramakrishnan Chettiar and his adopted son Rangasamy Chettiar had left behind several properties for performance of charities in temples, through a settlement deed.
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