T. LAKSHMIKUMARA THATHACHARIAR versus COMMISSIONER, H.R.C.E. AND ORS.

T. LAKSHMIKUMARA THATHACHARIAR versus COMMISSIONER, H.R.C.E. AND ORS.

Section 64(5)(a) of the T.N. Hindu Religious and Charitable Endowments Act, 1959, read with Section 118(2)(a), confers jurisdiction on the Deputy Commissioner or Joint Commissioner to modify or cancel a scheme originally framed by the court under previous legislation, including schemes framed under Section 92 CPC, as the power to modify such schemes was specifically provided for and preserved in the later legislation; there is no unconstitutional nullification of court decrees.

Parties
Appellant: T. Lakshmikumara Thathachariar; Respondents: Commissioner, H.R.C.E. and Ors.
Jurisdiction
India
Judgment Date
02 September 1998
Procedural Posture
Civil Appeal / From Judgment and Order of Madras High Court Dated 2.5.97 in W.a. Nos. 122/87 and 141 of 1997
Outcome
Appeals dismissed
Legal Topics
Modification of Scheme, Jurisdiction Under Religious Endowments Law, Constitutional Validity
Hindu Law Religious and Charitable Endowments Modification of Scheme Jurisdiction Under Religious Endowments Law Constitutional Validity

Case Brief

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Parties

T. Lakshmikumara Thathachariar

Appellant

Commissioner, H.R.C.E. and Ors.

Respondents

Procedural Posture

Civil Appeal / From Judgment and Order of Madras High Court Dated 2.5.97 in W.a. Nos. 122/87 and 141 of 1997

Legal Issues

  1. 1 Whether the Deputy Commissioner has jurisdiction under Section 64(5) of the T.N. Hindu Religious and Charitable Endowments Act, 1959 to modify a scheme originally framed under Section 92 CPC by the High Court
  2. 2 Whether Section 64(5) is unconstitutional as it seeks to nullify court orders issued under previous legislation

Ratio Decidendi

Section 64(5)(a) of the T.N. Hindu Religious and Charitable Endowments Act, 1959, read with Section 118(2)(a), confers jurisdiction on the Deputy Commissioner or Joint Commissioner to modify or cancel a scheme originally framed by the court under previous legislation, including schemes framed under Section 92 CPC, as the power to modify such schemes was specifically provided for and preserved in the later legislation; there is no unconstitutional nullification of court decrees.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with costs