(1.) All these appeals have been filed against the impugned judgment and order dated 15.9.2009 passed in Writ Appeal No. 181 of 2009 by the High Court of Madras affirming the judgment and order dated 2.2.2009 of the learned Single Judge passed in Writ Petition No. 18248 of 2006 rejecting the claim of the writ Petitioner-Podhu Dikshitars to administer the Temple.
(2.) For convenience in addressing the parties and deciding the appeals, we have taken Civil Appeal No. 10620/2013 as the leading appeal. The facts and circumstances giving rise to the appeal are as under:
(3.) The Appellant-in-person has submitted that Article 26 of the Constitution confers certain fundamental rights upon the citizens and particularly, on a 'religious denomination' which can neither be taken away nor abridged. In the instant case, the Dikshitars had been declared by this Court, in a lis between Dikshitars and the State and the Religious Endowments Commissioner, that they were an acknowledged 'religious denomination' and in that capacity they had a right to administer the properties of the Temple. Though in view of the provisions of Section 45 read with Section 107 of the Act 1959, the State may have a power to regulate the activities of the Temple, but lacks competence to divest the Dikshitars from their right to manage and administer the Temple and its properties. It was strenuously contended that the High Court committed an error by holding that the earlier judgment of the Division Bench in Marimuthu Dikshitar would not operate as res judicata. Therefore, the appeal deserves to be allowed.
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