High Court declined to grant relief in a writ petition concerning appointment of a new temple trustee and interference with property possession, citing conflicting facts, and directed the petitioner to approach the Civil Court.
Liberty to approach Civil Court; Petition disposed of; No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.02.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No.5030 of 2020 and W.M.P.No.5942 of 2020
N.V.Chennan ... Petitioner
..Vs..
1.The Commissioner,
Hindhu Religious and Charitable,
Endowment Department,
Chennai-34.
2.The Joint Commissioner,
Hindhu Religious and Charitable,
Endowment Department,
Salem-1.
3.The Assistant Commissioner,
Hindhu Religious and Charitable,
Endowment Department,
Dharmapuri District.
4.The Fit Person/Executive Officer,
Arulmighu Vadakkumalayan and,
mariamman Temple,
Nadupatti, Papiranpatti Taluk,
Dharmapuri District. .. Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, for bearing the
respondents not to appoint the any new trustee in Arulmighu
Vadakkumalayan and Mariamman Temple, Nadupatti Village,
Papiranpatti Taluk, Dharmapuri Distrct and not to disturb the
petitioner peaceful possession enjoyment of property Survey
Nos.10/10, 11/1, 11/2 situated at Nadupatti Village,
Papiranpatti Taluk.
For Petitioner : Mr.B.Sundarapandiyan For Respondents: Mr.M.Karthikeyan
Special Government Pleader
ORDER
Mr.M.Karthikeyan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal, at the admission stage itself.
4.The writ petition has actually been filed not to appoint any new trustee and further, not to disturb the petitioner's peaceful possession and enjoyment of property Survey Nos.10/10, 11/1 and 11/2 situated at Nadupatti Village.
5.The learned counsel for the respondent states that the petitioner is blocking right of way to the other lands.
6.Heard both sides and perused the materials available on record.
With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed.
Sd/Assistant Registrar
//True Copy//
tta
To
1.The Commissioner,
Hindhu Religious and Charitable,
Endowment Department,
Chennai-34.
2.The Joint Commissioner,
Hindhu Religious and Charitable,
Endowment Department,
Salem-1.
3.The Assistant Commissioner,
Hindhu Religious and Charitable,
Endowment Department,
Dharmapuri District.
4.The Fit Person/Executive Officer,
Arulmighu Vadakkumalayan and,
mariamman Temple,
Nadupatti, Papiranpatti Taluk,
Dharmapuri District.
+1cc to Mr.B.Sundara Pandiyan, Sr.No.17020
+1cc to Special Government Pleader, Sr.No.18430
W.P.No.5030 of 2020
NR(CO)
GS(09/06/2020)
1 issue framed by the court
Whether the Court can grant relief in the absence of adjudication on conflicting facts regarding temple trust appointment and property possession.
N.V.Chennan
The Commissioner, Hindhu Religious and Charitable Endowment Department, Chennai
The Joint Commissioner, Hindhu Religious and Charitable Endowment Department, Salem
The Assistant Commissioner, Hindhu Religious and Charitable Endowment Department, Dharmapuri District
The Fit Person/Executive Officer, Arulmighu Vadakkumalayan and mariamman Temple, Nadupatti
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
