K T KRISHNA MOOSAD Vs. HINDU RELIGIONS ENDOWMENTS BOARD

JUDGEMENT

(1.) The petitioners are the hereditary trustees of the Kurumali Temple in the Thachanattukara Amsom of the Valluvanad Taluk. They question the validity of a scheme settled under S.63 of the Madras Hindu Religious Endowments Act, 1926. According to them the scheme is ultra vires of the provisions of the Constitution and has to be struck down on that account.

(2.) It is common ground that the petitioners are entitled to succeed if they have the right to have the validity of the scheme tested in the light of the provisions of the Constitution. The contention of the Board is that no such right is available to them as the scheme was settled not after but before the Constitution came into force.

(3.) The Madras Hindu Religious Endowments Act, 1926, has since been replaced by the Madras Hindu Religious and Charitable Endowments Act, 1951, and the answer to the controversy indicated in the last paragraph will depend on the true construction to be placed on S.103 (a) of the latter enactment. The relevant portion of S.103 of the Madras Hindu Religious and Charitable Endowments Act, 1951, reads as follows: