Disposed

Sowrirajan venkata Varadhachari v. The Commissioner

Madras HC2 Jun 2023WP/14913/2023

Case brief

AI extract

What is this about?

Petitioner challenged a resolution continuing an Archakar in a Divyadesam temple. The High Court refused to disturb the temporary arrangement due to scarcity of willing candidates but directed the department to issue a notification for fresh applications within three months.

What did the court decide?

Direction to issue notification for fresh applications within three months; continuation of current Archakar until new appointment.

Sowrirajan venkata Varadhachari Vs The… — Pension and Retirement Benefits | Madras HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.06.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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W.P No.14913 of 2023 and WMP Nos.14502 and 14503 of 2023

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Mr.Sowrirajan Venkata Varadhachari S/o.Shri.Venkata Varadhachari 3/106, South Mada Vilagam Thirukkannapuram, Nagapattinam District Pincode – 609 704

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Petitioner

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vs.

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The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai 600 034

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2 The joint Commissioner Hindu Religious and Charitable Endowments Department, Nagapattinam- 611 001.

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3 The Executive Officer, Sri.Sowriraja Perumal Temple, Thirukkannapuram, Nagapattinam District, Pincode- 609 704.

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4 The Board of Trustees / Fit Person, Sri Sowriraja Perumal Temple

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https://www.mhc.tn.gov.in/judis Thirukkannapuram, Nagapattinam District

Pincode- 609 704.

5 Sowrirajan

Archakar, Shri Sowriraja Perumal Temple, 3/118, North Mada vilagam, Thirukkannapuram, Nagapattinam District, Pincode- 609 704.

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..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records comprised in the order dated 20.03.2021 in Resolution passed by the 4th Respondent and quash the same and consequently direct the 4th respondent to issue a fresh notification calling for appointment to the post of Archakar in the Shri Sowriraja perumal Temple Thirukkannapuram, Nagapattinam District 609 704.

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For Petitioner : Mr.G.Mutharasu

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For Respondents : Mr.S.Yaswanth Special Government Pleader for R1 and R2 Mr.R.Bharanidharan Standing counsel for R3 and R4

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O R D E R

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Considering the limited issue involved in this writ

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petition, the main writ petition itself is taken up for final hearing.

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https://www.mhc.tn.gov.in/judis

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The petitioner who claims to be a person interested under

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Section 6 (15) of the Tamil Nadu Hindu Religious and Charitable Endowments Act (hereinafter referred to as the “HR&CE Act”) has filed this writ petition questioning the resolution dated 20.03.2021 passed by the 4^th respondent and for a consequential direction to the 4^th respondent to issue a fresh notification and call for applications for

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appointment to the post of Archagar in Sree

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Sowriraja Perumal Temple at Thirukkannapuram, Nagapattinam District.

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The case of the petitioner is that the subject temple is one

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of the Divyadesam temple situated at Thirukkannapuram, Nagapattinam District. The petitioner claims that his family has been performing Thiruvilaku Kaingariyam for the deity of the temple for nearly 1000 years. The further claim of the petitioner is that the 5^th respondent who was asked to function as the Archagar did not perform

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his function in a proper manner and as a result, even the important

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festivals were not properly conducted. As a result, the son of the https://www.mhc.tn.gov.in/judis

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petitioner filed a writ petition in WP No.19704 of 2021 before this Court seeking for appropriate directions. The writ petition was disposed of by an order dated 25.10.2021 by recording the fact that a consensus has been arrived at between the parties and the festival (Utsavam) will be conducted on certain fixed dates. According to the petitioner, the 5^th respondent failed to conduct the Utsavam which resulted in the filing of contempt petition in Cont P No.293 of 2022. When this contempt petition was came up for hearing on 05.02.2022, the same was disposed of in the following terms :-

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Now, it is submitted by Learned Counsel for both sides that in furtherance to the order passed on 27.04.2022 by the Court, Vaikasi Brahmotsavam has been conducted in June 2022 and nothing remains for further consideration in this Contempt Petition. It is also brought to the notice of the Court that show cause notice dated 25.07.2022 has been issued to the concerned person responsible for the delay in implementing the order passed in the Writ Petition and

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depending upon the reply submitted by him, further https://www.mhc.tn.gov.in/judis

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course of action would be decided in that regard. This would obviously mean that if the Petitioner has any grievance on that aspect of the matter, he is not precluded from working out his remedy before the proper forum in the manner recognized by law.

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4 . The main grievance that has been ventilated by the petitioner is that the 5^th respondent who failed to perform his duties and did not even comply with the orders passed by this Court, has been reappointed as an Archagar by virtue of the impugned resolution dated 20.03.2021. The petitioner has stated that this resolution is illegal and goes against the provisions of the Act and hence, the same has been put to challenge in the present writ petition.

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Heard Mr.G.Mutharasu, learened counsel for petitioner and

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Mr.S.Yaswanth, learned Special Government Pleader for R1 and R2 and Mr.R.Bharanidharan, learned

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Standing counsel for R3 and R4

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https://www.mhc.tn.gov.in/judis

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Mr.R.Bharanidharan, learned counsel appearing on behalf of

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3 and 4 respondents submitted that the temple in question is one of the divyadesam temple situated in a very remote place. It was further submitted that inspite of the best efforts taken by the Department, no one is willing to take up the position as an Archagar since they have to live in same village and perform poojas atleast six times a day. In view of the same, the 5^th respondent was continued as an Archagar considering the fact that he has been performing this function for a long time and it was thought fit to continue with the services of the 5^th respondent till some one applies for the position of Archagar and perform the function as an Archagar. The learned Standing counsel submitted that if the 5^th respondent is also sent out from his position as an Archagar, there will be no one to take care of the temple and perform the poojas.

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This Court has carefully considered the submissions made

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on either side and also perused the materials placed before it.

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https://www.mhc.tn.gov.in/judis

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On carefully going through the impugned resolution dated

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20.03.2021, it is seen that the 5^th respondent has been permitted to function as an Archagar only as a temporary arrangement since no body else is available. In the absence of the 5^th respondent, there will be no one to perform the function of an archagar and do the poojas six times a day. Considering the fact that the subject temple is a divadesam, an archagar has to perform the poojas regularly. The submission made by the learned counsel for the respondents 3 and 4 to the effect that the notification will be issued and if any one is willing to perform the function as an archagar by staying in the Village, the appointment will be made in accordance with the Act provided that the person fulfills all the required criteria.

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In the light of the above discussion, this Court is not

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inclined to interfere with the temporary arrangement made by the Department through the impugned resolution dated 20.03.2023. It is

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made clear that the department shall take steps to issue a notification

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calling for applications for appointment to the position of Archagar in https://www.mhc.tn.gov.in/judis

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the said temple. Ultimately, if any one is interested to take up the position on fulfilling the qualifications, they shall be appointed as the Archagar for the said temple. Till this process is completed, the 5^th respondent shall continue to perform his function as an Archagar which is more in the nature of a temporary arrangement made till a final solution is arrived at. This Court expects the department to complete the process of issuing notification and appointment of qualified person as an Archagar within a period of three months from the date of receipt of a copy of this order.

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This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.

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02.06.2023

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation case : Yes rka

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https://www.mhc.tn.gov.in/judis

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The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai 600 034

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2 The joint Commissioner Hindu Religious and Charitable Endowments Department, Nagapattinam- 611 001.

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3 The Executive Officer, Sri.Sowriraja Perumal Temple, Thirukkannapuram, Nagapattinam District, Pincode- 609 704.

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4 The Board of Trustees / Fit Person, Sri Sowriraja Perumal Temple Thirukkannapuram, Nagapattinam District Pincode- 609 704.

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https://www.mhc.tn.gov.in/judis

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N. ANAND VENKATESH, J.

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rka

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W.P No.14913 of 2023

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02.06.2023

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https://www.mhc.tn.gov.in/judis

Sowrirajan venkata Varadhachari v. The Commissioner

Case brief

What is this about?

What did the court decide?

Sowrirajan venkata Varadhachari v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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