Thiruvavaduthurai Adheenam, v. the Secretary to Government
Case brief
What is this about?
The High Court of Madras disposed of multiple writ petitions filed by various religious Mutts seeking declarations that they are not public authorities under the Right to Information Act 2005. The Court analyzed the extent of State control under the Tamil Nadu Hindu Religious and Charitable Endowments Act. It held that Mutts are independent units functioning under the Madathipathi, with State intervention limited to specific circumstances of incapacity of the trustee. The exclusions in the HR&CE Act for Mutts indicated a legislative intent against comprehensive State control. Consequently, the Court ruled that Mutts do not constitute public authorities under Section 2(h) of the RTI Act, though they must respond to queries on secular aspects when called upon.
What did the court decide?
The writ petitions were allowed. Declarations were granted that the petitioning Mutts are not public authorities under the Right to Information Act 2005. Miscellaneous petitions were closed.