In a writ petition seeking mandamus to appoint an executive officer for a Jain temple, the court noted the petitioner failed to prove that the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 applies to them via a specific notification. The petition was dismissed as it was no longer serving any purpose.
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 : 03.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.1999 OF 2021
Sri Sumathinath Bhagwan, Rep. by Sandeep S Jain (Devotee) No.369, 370, 371, Konnur High Road, Perambur, Chennai - 600 023. ... Petitioner .Vs.
PRAYER:Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to appoint an executive officer or any person as this Honble Court deems fit to administer the construction of the temple of Shree Sumaithnath Baghwan Jain Swethambar the petitioner herein at Door No.369, 370, 371, Konnur High Road Comprised in survey No.R.S.No.307/2, Perambur Taluk, Perambur, Chennai- 600 023 in survey No.307/2 situate at Coornoor High Road, Perambur Taluk.
For the Petitioner : Mr.S.Karthikeyan, For Mr.K.V.Sajeev Kumar
For the Respondents : Mr.P.Muthukumar, Counsel for State, For respondents 1 to 4
Ms.Harshita, For Mr.Arjun, K.K., For fifth respondent
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The matter pertains to the establishment of a Jain temple and the petitioner insists that the matter may be pursued despite it being pointed out on behalf of some of the respondents, particularly the Hindu Religious and Charitable Endowments Department, that the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 does not cover Jain religious institutions unless there is a notification issued in such regard.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
tar
| To | |
|---|---|
| 1. |
The Commissioner Hindu Endowment, 119, Uthamar Gandhi Salai, Nungmbakkam, Chennai - 600034. |
| 2. |
The District Collector, Singeravelar Malagai, Rajaji Salai, Chennai. |
| 3. |
The Sub Collector, Tondiarpet, Chennai - 600 081. |
| 4. |
The Tahsildar, Parambur Taluk, Chennai - 600 023. |
| +1cc +1cc +1cc |
to Mr.K.V.Sajeev Kumar, Advocate, S.R.No.44507 to Mr.Arjun, K.K., Advocate, S.R.No.44410 to the Government Pleader, S.R.No.44904 |
W.P.NO.1999 OF 2021
RGN(CO) PBS/14/09/2021
2 issues framed by the court
Whether the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 applies to Jain temples without a specific notification.
Whether the petitioner can demonstrate that a requisite notification has been issued to invoke the Act.
2 provisions across 2 enactments
Sumathinath Bhagwan Rep. by Sandeep S Jain
The Commissioner Hindu Endowment
The District Collector
The Sub Collector
The Tahsildar
Shree Chandraprabhu Maharaj Juna Jain Mandhir Trust
Sanjib Banerjee
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
