This court dismissed multiple writ petitions challenging the government's takeover of temple management and appointment of an Executive Officer. The court noted account irregularities and allowed suo motu revision proceedings to continue.
WP No. 14023 of 2012 dismissed; remaining WPs dismissed as infructuous or in light of order dated 26.02.2021.
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: 08.04.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. Nos.27014 & 23413 of 2011 and 14023 & 15068 of 2012 and M.P. Nos.1 of 2013, 2, 3, & 1 of 2011, 1, 2 & 3 of 2012
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Uthamar Gandhi Salai, Nungambakkam, Chennai – 34. .... Respondents 2 to 4 in W.P. Nos.27014 & & 23413 of 2011 and 1 to 3 Respondent in and W.P. No.15068 of 2012
5.T.Anbukarasi
6.Mrs.Padma
.... Respondents 5 & 6 in W.P. No.27014 of 2011
7.K.Anbalagan
.... 5th Respondent in W.P. No.23413 of 2011
1.The Commissioner,
Hindu Religious and Charitable Endowment (Admn) Department, Uthamar Gandhi Salai, Nungambakkam, Chennai – 34. 2.K.Anbalagan 3.M.Gajendran 4.M.R.Sampath 5.P.Babu
6.K.Kandasamy
7.N.Durai Babu ... 1 to 7 Respondents in W.P. Nos.14023 of 2012 4th to 9th Respondents in W.P.NO.15068 of 2012
Prayer in W.P. No.27014 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorari to call for the records relating to the impugned order dated 17.11.2011 passed by the 5th respondent herein indicating assumption of possession of the religious Institution known as Arulmigu Siva Vishnu @ Beemeswarar and Damodara Perumal, Alavattamman and Komathamman temple situated at Mudichur Village, Chennai – 600 048 and affixed the same on the wall of the temple and to quash the same as illegal.
Prayer in W.P. No.14023 of 2012: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorari to call for the records relating to the impugned notice issued by the Commissioner, HR & CE, Chennai issued in S.M.R. No.2/2012/D2 dated 30.04.2012 and quash the same.
Prayer in W.P. No.23413 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorari to call for the records relating to the impugned order passed by the Government, the first respondent herein
issued in G.O.No.206 Tamil Development, Religious Endowments and Information (R.E.3.1) Department dated 29.09.2011, in and by which giving directions to the Commissioner, HR & CE , Chennai to cancel the scheme already framed by the Joint Commissioner, HR & CE, Chennai in O.A.41 of 1979 dated 12.05.1982 and also confirming the appointment of Executive Officer for the community temples in question namely Arulmigu Siva Vishnu @ Beemeswarar and Damodara Perumal, Alavattamman and Komathamman temple situated at Mudichur Village, Chennai – 600 048 adn to quash the same.
Prayer in W.P. No.15068 of 2012: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorari to call for the records relating to the impugned order passed by the Commissioner, HR & CE, (ADMN) Chennai in A.P. No.5 of 2012 D2 Dated, 28.03.2012, and to quash the same as illegal.
For Petitioner :Mr.J.Ram For Respondents:Mr.R.P.Prathap Singh, Government Advocate for R1 in W.P. No.14023 of 2012, For R1 to 4 in W.P.NO.27014 of 2011 R1 to R4 in W.P. Nos.23413/2011 &R1 to 3 Respondents in W.P 15068 of 2012 Mr.K.Ashok Kumar for R2 in W.P. No.14023 of 2012, R5 in W.P. No.23413 of 2011 and R4 in W.P.NO.15068 of 2012 No Appearance for R3 to R7 in W.P. No.14023 of 2012, R5 to R9 in W.P. No.15068 of 2012 C O M M O N O R D E R
This common order is passed in respect of the prayers adduced in all four writ petitions and in continuation of my earlier orders dated 24.02.2021 and 26.02.2021. I had, on 24.02.2021, after hearing all parties, impleaded the Tahsildar, Tambaram and had also called for a status report in regard to the Arulmigu Siva Vishnu @ Beemeswarar and Damodara Perumal, Alavattamman and Komathamman temple situated at Mudichur Village, Chennai – 600 048 (temple in question) after conducting a detailed inspection of the temple and its assets.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
rkp
To
1.The Secretary to Government, State of Tamilnadu, Tamil Development and Religious Endowments & Information Department, Fort St. George, Chennai – 600 009. 2.The Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Uthamar Gandhi Salai, Nungambakkam, Chennai – 34. 3.The Joint Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Uthamar Gandhi Salai, Nungambakkam, Chennai – 34. 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Uthamar Gandhi Salai, Nungambakkam, Chennai – 34. +4ccs to Mr.Rakumangathan Ram, Advocate Sr.22317 to 22320 W.P. Nos.27014 & 23413 of 2011 and 14023 & 15068 of 2012 and M.P. Nos.1 of 2013, 2, 3, 1 & 1 of 2011, 1, 2 & 3 of 2012f 2020 ca[co] srg 07/07/2021
R.Sukumar And Others
State of Tamilnadu
Commissioner, Hindu Religious and Charitable Endowment
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
