Petitioner challenged rejection of application under Section 64(1) of HR & CE Act 1959 to frame temple administration scheme. Court held rejection correct but quashed order, directing fresh application on merits.
Impugned order quashed; Petitioner directed to file fresh application if any; Respondent to decide on merits.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.2534 of 2022
Sri Kandeeswarar Arakkattalai, Rep by its President, K.Vasunathan, S/o. Kandasamy, D.No.1/550, T.P.N. Garden, K.Chettipalayam, Muthannampalayam Post, Tiruppur. .. Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned signed on 29.11.2021 bearing Muu.Mu.9780/2021/A3/dated 26.11.2021 on the file of the 1st Respondent herein, quash the same and consequently direct the 1st respondent herein to number the application dated 04.07.2019 filed by the petitioner and dispose the same on merits within a stipulated time.
For Petitioner : Mr.K.Sudhakar for Mr.V.P.K.Gowtham For Respondents : Mr.T.Chandrasekar Special Government Pleader
O R D E R
This Writ Petition is filed for issuance of writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order signed on 29.11.2021 bearing Muu.Mu.9780/2021/A3/dated 26.11.2021 on the file of the 1st respondent herein, quash the same and consequently direct the 1st respondent herein to number the application dated 04.07.2019 filed by the petitioner and dispose the same on merits within a stipulated time.
2.According to the petitioner, A/m Kandeeswarar and Kandiamman Temples, situated at Kandian Koil Village, Tiruppur Taluk and District was constructed and consecrated by the people of Odhala Kulathu Goundermar, a sub sect of the Kongu Vellala Gounder community and is being managed by the members of the Odhalar Kulam community members. For the efficient administration of the temple and welfare of community members, a trust in the name of 'Sri Kandeeswarar Arakkattalai' was created in the year 1985 and the same was registered on 04.10.2017 as deed No.3 of 2017. Even though the 2nd respondent is being appointed by the respondent Department, the administration of the Temple and the accounts are maintained by the 'Sri Kandeeswarar Arakkattalai'. In such circumstances, in order to recognize the authority of the members of the Odhalar Kulam over the management of the Temple affairs, the petitioner along with other office bearers of 'Sri Kandeeswarar Arakkattalai' filed an application under Section 64(1) of the HR & CE Act, 1959 to frame a scheme of administration of the temple from among their community before the Joint Commissioner, Coimbatore. Due to bifurcation of new jurisdiction at Tirupur, the said application was transferred to the 1st respondent herein. The 1st respondent returned the said application directing the petitioner to satisfy how the 'Sri Kandeeswarar Arakkattalai', which is registered only in the year 2017 is entitled to elect the trust board. After complying the said return, the 1st respondent by the impugned order dated 26.11.2021 rejected the application of the petitioner stating that there is no nexus between 'Sri Kandeeswarar Arakkattalai' and A/m Kandeeswarar and Kandiamman Temples and also Odhalar kulam is not stated in the application.
3.Challenging the said order dated 26.11.2021 bearing Muu.Mu.9780/2021/A3, the petitioner has come out with the present Writ Petition.
4.Heard the learned counsel appearing for the petitioner as
well as the learned Special Government Pleader appearing for the respondents and perused the entire materials on record.
6.However, it is open to the petitioner to file a fresh application furnishing all the details as to how they are entitled to manage the temple and trustees can be elected only from among their community people. If any such application is filed along with documents, the 1st respondent is directed to decide the matter on merits and dispose of the same.
7.With the above directions, the Writ Petition is dismissed. No costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
krk
To
+1cc to Mr.V.P.K.Gowtham, Advocate, S.R.No.9795
W.P.No.2534 of 2022
NK(CO) SU(07/03/2022)
3 issues framed by the court
Whether the petitioner satisfied the requirements under Section 64(1) of the HR & CE Act, 1959 to frame a scheme of administration without furnishing details of denomination and entitlement to manage.
Whether the rejection of the application by the 1st respondent was erroneous.
Whether a fresh application directing the respondent to decide on merits should be allowed.
2 provisions across 2 enactments
Sri Kandeeswarar Arakkattalai
The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruppur
The Fit Person, A/M Kandeeswarar Temple, Kandian Koil, Office at The Executive Officer
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
