Constitution of India — Arts. 26(d) and 226 — Religious denomination

Podu Dikshitars (Smarthi Brahmins) constitute a religious denomination and have exclusive privilege and right to participate in administration of properties of Temple concerned dedicated to Lord Natraja. High Court’s decision dt.  13-12-1951 to that effect in Marimuthu Dikshithar, (1952) 1 MLJ 557, has attained finality. This decision, making declaration of status of Dikshitars, is a judgment in rem. It would operate as res judicata against any subsequent decision on that issue. Hence subsequent re-examination of that issue by the High Court by assuming as if it had jurisdiction to sit in appeal against its earlier decision of 1951 which had attained finality and taking view that earlier decision would not operate as res judicata, impermissible. Subramanian Swamy v. State of T.N., (2014) 5 SCC 75

 

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