Writ petition filed seeking appointment of a non-hereditary trustee for a temple by HR&CE. The Court found the petitioner had no locus standi and an alternative remedy existed, dismissing the petition.
Petitioner is granted liberty to file an application for appointment of non-hereditary trustee; Writ Petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2017
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P.No.18198 of 2013
& M.P.Nos.1 & 2 of 2013
D.Sakkaravarthi .. Petitioner
Versus
1. The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Vellore-9.
Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the records of the 1st respondent dated 25.06.2013 and made in proceedings No.Na.Ka.No.5152/2013/A2 and quash the order of the 1st respondent as illegal and without jurisdiction and consequently direct the 1st respondent to appoint hereditary trustee in terms of the scheme decree framed in O.S.No.4 of 1920, Sub Court, Chengalpet for the Arlumighu Varadharaja Perumal Temple, Pathiri Village, Maduranthangam Taluk, Kancheepuram District.
For Petitioner : Mr.G.Ravi Sankar
For Respondents : Mr.R.P.Prathap Singh, GA (HR & CE)
O R D E R
The petitioner has filed this Writ Petition to call for the records of the 1 st respondent dated 25.06.2013 and made in
proceedings No.Na.Ka.No.5152/2013/A2 and quash the order of the 1st respondent as illegal and without jurisdiction and consequently direct the 1 st respondent to appoint hereditary trustee in terms of the scheme decree framed in O.S.No.4 of 1920, Sub Court, Chengalpet for the Arlumighu Varadharaja Perumal Temple, Pathiri Village, Maduranthangam Taluk, Kancheepuram District.
2. The learned counsel for the petitioner represented that prayer in the Writ Petition it is wrongly stated as “appoint hereditary trustee” instead of “appoint non-hereditary trustee” and he also submitted that the tenure of non-hereditary trustee has come to an end, as contended by the respondentDepartment. But the Department has not appointed non-hereditary trustee in the light of the scheme decree framed in O.S.no.4 of 1920 by the Sub Court, Maduranthangam Taluk, Kancheepuram District. Therefore, he sought for appropriate orders, for appointment of non-hereditary trustee.
3. The learned Government Advocate appearing for the respondents submitted that the petitioner has no locus standi to seek for appointment of non-hereditary trustee in the present Writ Petition. Further, it is submitted that there is an alternative remedy of filing an appeal in respect of the prayer sought for in this Writ Petition.
4. In view of the submission made by both parties, this Court cannot give any direction to the first respondent as prayed for, in the Writ Petition. Hence, the Writ Petition is dismissed. However, liberty is granted to the petitioner to file an application for appointment of non-hereditary trustee to the Temple. On receipt of the said application, the respondents shall proceed in accordance with law. No Costs. Consequently, the connected Miscellaneous Petitions are closed.
sd/ Assistant Registrar(CS IV)
/true copy/
Sub Assistant Registrar
pvs
To
Hindu Religious and Charitable Endowment Department, Vellore-9.
W.P.No.18198 of 2013 & M.P.Nos.1 & 2 of 2013
MP(CO) GN(15/02/2017)
2 issues framed by the court
Whether the petitioner has locus standi to seek appointment of a non-hereditary trustee.
Whether there is an alternative remedy available for the prayer sought.
1 provisions across 1 enactments
D. Sakkaravarthi
Joint Commissioner, Hindu Religious and Charitable Endowment Department
Commissioner, Hindu Religious and Charitable Endowment Department
Fit Person-cum-Executive Officer, Arulmigu Isthala Sayanaperumal Temple
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
