Disposed

P. Alagappan Poosari v. The Commissioner

Madras HC27 Aug 2024WA(MD)/1444/2024

Case brief

AI extract

What is this about?

The Writ Appeal against an order on an application under Section 54 of the Tamil Nadu Hindu Religious and Charitable Endowments Act was disposed of. The Court noted dissatisfaction with officials but refrained from concluding orders due to pending directions regarding temple festivals. The Joint Commissioner was directed to act within ten days.

What did the court decide?

Directed the Joint Commissioner to pass appropriate orders under Section 54 of the Act within ten days after 07.09.2024; directed compliance report by 18.09.2024.

P. Alagappan Poosari Vs The Commissioner — Company and Corporate | Madras HC (2024)

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W.A.(MD).No.1444 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.A.(MD).No.1444 of 2024

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and

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C.M.P.(MD)No.11205 of 2024

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1.P.Alagappan Poosari

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2.P.Sadhasivam Poosari ... Appellants

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-vs-

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1.The Commissioner, Hindu Religious & Charitable Endowment Department, Nungambakkam,

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Chennai – 34.

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2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Madurai,

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Madurai District.

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3.The Executive Officer, Arulmigu Jenagai Mariyamman Temple, Sholavandan, Vadipatti Taluk, Madurai District. (Fit Person / Thakkar, Arulmigu Sri Ayyanar Kovil, Paaraipatti Village, Kodangipatti PO, Vadipatti Taluk, Madurai District) 4.Pitchai ... Respondents

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

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Page 1 of 5

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W.A.(MD).No.1444 of 2024

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.13221 of 2024, dated 21.06.2024.

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For Appellants : Mr.S.Ramanathan For Respondents 1 & 2 : Mr.S.P.Maharajan Special Government Pleader For 3^rd Respondent : Mr.V.R.Shanmuganathan Standing Counsel For 4^th Respondent : Mr.N.Karthik Kanna

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JUDGMENT

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[Judgment of the Court was made by R.SUBRAMANIAN, J.]

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Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 and 2. Mr.V.R.Shanmuganathan, learned Standing Counsel takes notice for the 3^rd respondent and Mr.N.Karthik Kanna, learned counsel takes notice for the 4^th respondent.

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2.Though there is a direction issued by the learned Single Judge to the effect that the orders on the application made by the writ petitioners under Section 54 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, shall be passed as expeditiously as possible, till date, no order has been passed. Once the right of the writ petitioners as Hereditary Trustees have been recognized as early as in the year 1917, the Department cannot keep them at bay and continue to have a fit person to run the affairs of the temple. In any event, since there is an order passed under the extraordinary supervisory jurisdiction of the Hon'ble High Court

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

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Page 2 of 5

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W.A.(MD).No.1444 of 2024

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under Article 226 of Constitution of India, directing how the festivals of this temple should be conducted by the fit person for this year, we are refraining from passing any orders in this Writ Appeal.

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3.Though we record our dissatisfaction over the conduct of the officials in denying a lawful right to the appellants, it is stated that the festivals of the temple, which have to be conducted after nearly 35 years have been scheduled on 6^th September. The Writ Appeal is disposed of with the direction to the Joint Commissioner, Hindu Religious and Charitable and Endowments Department, Madurai, to pass appropriate orders under Section 54 of Tamil Nadu Hindu Religious and Charitable and Endowments Act, 1959, within ten days after 07.09.2024, if no order is passed, the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai, will be present before this Court on 18.09.2024 at 10.30 A.M. List this matter on 18.09.2024, ' for reporting compliance' as the first case. No Costs. Consequently, connected miscellaneous petition is closed.

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[R.S.M., J.] [L.V.G., J.] 27.08.2024

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NCC :Yes/No Index :Yes/No Internet: Yes Mrn/Sml

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https://www.mhc.tn.gov.in/judis _____________ Page 3 of 5_

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W.A.(MD).No.1444 of 2024

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1.The Commissioner, Hindu Religious & Charitable Endowment Department, Nungambakkam,

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Chennai – 34.

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2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Madurai,

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Madurai District.

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https://www.mhc.tn.gov.in/judis _____________ Page 4 of 5_

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W.A.(MD).No.1444 of 2024

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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Mrn / Sml

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W.A.(MD).No.1444 of 2024 and C.M.P.(MD)No.11205 of 2024

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27.08.2024

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https://www.mhc.tn.gov.in/judis _____________ Page 5 of 5_

P. Alagappan Poosari v. The Commissioner

Case brief

What is this about?

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P. Alagappan Poosari v. The Commissioner

Case brief

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