The High Court disposed of a writ petition challenging the appointment of a Fit Person for a temple, directing the petitioner to file an application before the Joint Commissioner under Section 63B of the HR & CE Act instead.
Petitioner directed to file application under Section 63B before Joint Commissioner within four weeks; Writ Petition disposed of.
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.
W.P. No.31221 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2024
CORAM:
THE HON'BLE MR. JUSTICE M.DHANDAPANI
W.P. No.31221 of 2014
and
M.P. No.1 of 2014
J.M. Sekar President
Arulmighu Sri Muthumariamman
Devasthana Sabha *
dated 28.01.2019, in W.M.P. No.30913 of 2018
... Petitioner
Versus
H.R. & C.E. Department, Nungambakkam High Road, Nungambakkam, Chennai – 34.
4. The Executive Officer, Arulmigu Selvavinayagar cum Kodhandaramar Thirukoil,
West Tambaram, Chennai – 600 04.
... Respondents
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W.P. No.31221 of 2014
Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order Se. Mu. Na.Ka. No.2302/2013/A1, dated 27.10.2014 passed by the 2nd respondent's herein and quash the same and consequently forbearing the respondents from in any way not to interfering with the petitioner's peaceful management of “Arulmighu Sri Muthumariamman Temple”.
For Petitioner : Mrs.G. Devi for Mr.V. Venkatesan For Respondents : Mr. K. Karthikeyan, Govt. Advocate (HR & CE) for R1 & R2 Ms.G. Vaishali for Mr.K.V. Dhanapalan for R4 R3 – No appearance
ORDER
This writ petition has been filed to call for the records pertaining to the impugned order Se. Mu. Na.Ka. No.2302/2013/A1, dated 27.10.2014 passed by the 2nd respondent's and consequential direction to forbear the the respondents from in any way not to interfering with the petitioner's peaceful management of “Arulmighu Sri Muthumariamman Temple”.
at Bharathipuram, Chrompet, Chennai is a public temple. It is further
stated that the petitioner is the Managing Trustee of the aforesaid temple.
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While so, the 3rd respondent with an evil intention lodged an alleged complaint against the office bearers of the said temple before the 2nd respondent. Though show cause notice was issued and in turn, explanation was submitted by the petitioner on 13.10.2014, it is his grievance that without considering the said explanation, the impugned order, dated 27.10.2014 was passed by the 2nd respondent, thereby Fit Person / Thakkar was appointed. Aggrieved by the said appointment, this writ petition has been filed.
and four others are non-hereditary trustees, who are all effectively managing the affairs of the temple and the donations collected were properly deposited in the bank account of the said temple. He further submitted that based on a false complaint lodged by the 3rd respondent, without application of mind, the 2nd respondent passed the impugned order, which is a mere violation of principles of natural justice. Further, he submitted that the Fit Person appointed under Section 49(1) of the HR & CE Act has also not assumed charge, till date and there is no proper handing over. In view of the above, he prays for quashment of the impugned Order, dated 27.10.2014 passed by the 2nd respondent as well as allowing of this writ petition.
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and pass orders on merits and in accordance with law, as expeditiously as
possible.
10.09.2024
Index : Yes / No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2
To 1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Nungambakkam, Chennai – 34.
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M.DHANDAPANI, J.
vsi2
W.P. No.31221 of 2014
10.09.2024
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1 issue framed by the court
Whether the appointment of a Fit Person by the Assistant Commissioner violates principles of natural justice and warrants quashing?
3 provisions across 3 enactments
J.M. Sekar President
Arulmighu Sri Muthumariamman Devasthana Sabha
The Commissioner, Hindu Religious and Charitable Endowment Department
The Assistant Commissioner, H.R. & C.E. Department
N. Jayaraman
The Executive Officer, Arulmigu Selvavinayagar cum Kodhandaramar Thirukoil
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
