Parasamaya Kolerinatha Madam ... vs P.Natesa Achari & ...

The appellant Math was the plaintiff in a suit (C.S.No.2/1983) filed against the respondents 1 and 2 (defendants 1 and 2) and two others on the file of the Madras High Court. The appellant math situated in Tirunelveli, claims to be the owner of property bearing No.16, Chandrabanu Street, Komaleeswararpet also described as Komaleeswaranpettai, Chennai (described in the first schedule to the plaint) known as Parasamaya 2 Kolerinatha Madam and several idols including those of Goddess Meenakshi, Lord Vigneshwara, Lord Murugan installed therein (described in the second schedule to the plaint), together referred to as the `suit property'.

2. The plaint averments in brief are: The appellant is a Math established several centuries ago at Tirunelveli by Swami Anavaratha Soundaraja Perumal. The Mathadhipathi of the Math is elected for life by the Viswakarma community. In the year 1922, a suit (OS No.58/1922 as the file of the Sub-court, Tirunelveli) was filed for framing a scheme for regulating the succession and administration of the plaintiff Math and its properties. In the said suit, a scheme was framed by order dated 2.5.1925. The suit property was one of the properties shown as vested in the Math in the final decree in the said scheme suit. The suit property was owned by the plaintiff Math for several centuries and the Head of the Math would stay there during his visit to the city. His disciples were regularly using the premises and staying therein. The Math premises were being managed by a nominee of the Math. The idol of Goddess Meenakshi and the statue of the Head of the Math with his Padukas were installed by the Math in the suit property in the eighteenth century and were worshipped by the disciples of the Math and other devotees. As the Headquarters of the Math was situated at the far-away 3 Tirunelveli, the Mathadhipathi had entrusted the management of the said Math property to nominated Agent/s who were the local elders of the Viswakarma community. When a new Mathadhipathi was installed on 17.8.1981, he sent his agent to routinely enquire about the affairs of the Math property in Chennai and learnt that the persons earlier managing the property had handed over the management to defendants 1 and 2. When the Mathadhipathi visited Chennai in 1982 and stayed in the suit property. One R. Venugopal Achari who was appointed to look after the suit property in the year 1963, informed the Mathadhipathi that he had handed over management to Kanagasabapathy Achary who in turn handed over management to defendants. When the Mathadhipathi sent word to defendants to come and discuss the affairs of the Math, they did not turn up, but the community people spoke to the Mathadipathi and made several complaints about the irregular and ineffective management by defendants 1 and 2. Further inquiries revealed that defendants 1 and 2 were attempting to claim that the suit property with the Meenakshiamman idol as a temple independent of the Math, managed by the local Viswakarma community and had arranged for Kumbabishekam without the knowledge and consent of the Mathadhipathi. In view of the above, the plaintiff Math filed the said suit and sought a declaration of title to the suit property (with the idols and 4 movables therein) and delivery thereof.

3. Defendants 1 and 2 resisted the suit. They contended that the suit property (describing it as the Meenakshiamman temple) was a denominational temple that has been in existence for the benefit of the members of the Viswakarma community living in Komaleeswararpet in Chennai. The suit property was a temple and the Math did not `exist' in the suit property. The plaintiff Math had no connection with the suit property.

Kanagasabai Achari became the Trustee in 1963 and in 1969, first and second defendants along with one more person were elected as trustees and they were in management. The idols and statues in the temple were installed by the members of the Viswakarma community of Komaleeswararpet and not by the plaintiff Math. The community performed the Kumbhabhishekam of the temple on 21.1.1983. They filed a petition in the office of the Commissioner for Religious and Charitable Endowments for framing a scheme for the said temple by impleading the plaintiff math as a respondent.

The property did not belong to the Math and that for more than a century, the property has been under the absolute control of the members of the Viswakarma community of Komaleeswararpet. As the suit property was a temple and not a Math as defined under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (for short `the Act') and as the plaintiff Math have nothing to do with the property, the suit was not maintainable and was liable to be dismissed.

The said preliminary decree declares that Parasamaya Kolerinatha Madam situated at Tirunelveli is a public religious and charitable foundation for the benefit of five sections of Vishwakarma community of the Tamil districts of Southern India as also Travancore, Cochin and Malabar, holding the properties mentioned in the plaint schedule; that the office of Mathadhipathi of the said Mutt was vacant; that it was necessary to frame the scheme for the appointment of a Mathadhipathi and regulate succession to the office of the Mathadhipathi and vest the Mutt and such property in such Mathadhipathi. The suit property was one of the properties shown as belonging to the math. After such preliminary decree, a draft scheme was 14 filed and a scheme was framed on 2.5.1925. Ex. P2 is the final decree dated 10.9.1927 in the said suit (OS No.58/1922) which confirms that a scheme has been framed for the said Parasamaya Kolerinatha Madam, Tirunelveli on 2.5.1925; that the said scheme provided for appointment of Mathadhipathi and regulating the succession to the office of Mathadhipathi; that as per the directions of the court, the disciples of the plaintiff Mutt was convened on 5.9.1927 and Srimath Rajaratna Swami was unanimously elected as the Mathadhipathi. The final decree declared that the said Rajaratna Swamigal was the Mathadhipathi of the institution in whom, according to the scheme settled in the preliminary decree, the properties described in the said final decree vested. The first schedule thereto enumerates the properties owned by the Math situated at Tirunelveli and third schedule describes the agricultural lands owned by the Math. The fourth schedule describes the movables. The fifth schedule to the said decree describes the two properties situated outside Tirunelveli district - one property in Travancore area and the property situated at Komaleeswararpet, Chennai described as "Srimath Parasamaya Kolerinatha Swami Madam - Sri Meenakshiamman temple and its assets".

(vii) Ex. P14 is an invitation pamphlet dated 25.5.1960 issued by the Managing Committee of "Nellai Jagatguru Srimath Parasamaya Kolerinathar Adeenam" regarding Sri Meenakshiamman Idol Procession in Komaleeswararpet in the presence of Nellai Jagatguru Parasamaya Kolerinathar 37th Jagatguru Swami Sivananda Muneeswarar.

In view of the above findings, all the three questions raised are answered in favour of the appellant Math.

22. As the management through a local committee has been in vogue for several decades, it would be appropriate if the same system is continued for the efficient management of the suit property and the place of worship. The Managing Committee should consist of a Chairman nominated by the Mathadhipathi of plaintiff Math and six members (of whom three shall be nominated by plaintiff Math and the remaining three shall be elected by the Viswakarma community at Komaleeswararpet, Chennai). The said Managing Committee will be accountable to the plaintiff Math and act under its directions.

23. In view of the above, the appeal is allowed, the judgment and decree of the division bench of the High Court is set aside and the judgment and decree of the learned Single Judge decreeing the suit is restored as under: