Supreme Court of India · 1962-11-20
H. H. SUDHUNDRA THIRTHA SWAMIAR. vs COMMISSIONER FOR HINDU RELIGIOUS& CHARITABLE ENDOWMENTS,MY
- Citation / case number
- SC 1961/8
- Court
- Supreme Court of India
- Petitioner
- H. H. SUDHUNDRA THIRTHA SWAMIAR.
- Respondent
- COMMISSIONER FOR HINDU RELIGIOUS& CHARITABLE ENDOWMENTS,MY
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the Mahant of a Math is not merely a manager but has obligations akin to a trustee, thus his rights over Math property are protected under Article 19(1)(f) of the Constitution. The Court found that unreasonable restrictions on a Mahant's rights, which do not serve public interest, are void. The validity of certain sections of the Madras Religious Endowments Act, 1951, was upheld, while others were declared ultra vires, reaffirming the Mahant's authority to manage Math property without personal misuse.