High Court set aside an order removing a petitioner from a hereditary trustee post without prior hearing as a violation of natural justice. The Commissioner is directed to dispose of the petitioners applications within six weeks after hearing them.
Impugned order set aside. Commissioner directed to dispose of applications within six weeks after hearing petitioners.
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: 30.03.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. Nos.8059 of 2021 & 13187 of 2020 and WMP Nos.8609 & 8607 of 2021
P.Panchalai .. Petitioner in W.P. No.8059 of 2021 P.Ayyappan .. Petitioner in W.P. No.13187 of 2020
Prayer in W.P. No.8059 of 2021: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorari to call for the records of the 2nd Respondent in SE.MU.NA.KA.NO 9209/2018/E2 dated on 12.12.2018 and quash the same consequently direct the first Respondent to dispose of the Petitioners application dated 24.2.2021.
Prayer in W.P. No.13187 of 2020 : Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus to direct the 2nd Respondent to consider the Petitioners representation dated 16.2.2019 to nominate the Petitioner as Herediatry Trustee at the Sri Angalaprameswari Amman Temple situated at chithalur village kallakurichi Taluk and District.
For Respondents : Mr.M.Karthikeyan, Special Government Pleader in both WPs
Mr.M.Karthikeyan, learned Special Government Pleader accepts notice for the respondents including the Executive Officer of Arulmigu Angala Amman Thirukoil (in short 'Temple') and is armed with instructions, though orally, that would assist him in making submissions for final disposal of W.P.No.8059 of 2021. Hence with the consent of both the learned counsel for the petitioner and the learned Special Government Pleader for the respondents, W.P.No.8059 of 2021 is taken up for final disposal even at the stage of admission.
first wife and other legal heirs. While this is so, there appears to have been a complaint in the year 2018, based on which, even without affording an opportunity to Panchalai, she has come to be removed from the post.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
sl
To
Hindu Religious and Charitable Endowments, 119 Uthamar Gandhi Salai, Thousand Lights West. Nungambakkam, Chennai-34.
2 issues framed by the court
Whether the order removing the petitioner as hereditary trustee violated principles of natural justice due to lack of hearing.
Whether the lower authorities are directed to dispose of pending applications after affording opportunity to the petitioners.
1 provisions across 1 enactments
P.Panchalai
P.Ayyappan
The Commissioner Hindu Religious and Charitable Endowments
The Joint Commissioner Hindu Religious and Charitable and Endowments
The Assistant Commissioner Hindu Religious and Charitable Endowments
The Inspector Hindu Religous and Charitable Endowments
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
