The petitioner challenged the High Court's inability to stop the HR&CE Department from taking over temple control, directing the department to follow natural justice and give notice before such action.
W.P. disposed directing respondents to give notice to petitioner within six weeks if temple takeover is initiated.
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W.P.(MD) No.11252 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.11252 of 2024 and W.M.P.(MD) No.10007 of 2024
Kumar@Kandasamy ... Petitioner Vs. 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur. 4.The Inspector, Hindu Religious and Charitable Endowments Department, Thirukaattupalli, Thanjavur District. 5.M.Sivakumar. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for 1/7
W.P.(MD) No.11252 of 2024
issuance of Writ of Mandamus to forbear the respondents 1 to 4 from taking over the control or administration of Arulmigu Sangenthi Muthiah Iyyanar and Karuppar Temple, Palayapatti South, Boothalur Taluk, Thanjavur District from the petitioner and his men, without any notice or any enquiry.
For petitioner : Mr.V.R.Shanmuganathan For respondents : Mr.P.Subbaraj Special Government Pleader for R1 to R4 Mr.MGnanagurunathan for R5 *****
ORDER
The petitioner has filed this Writ Petition for a Writ of Mandamus to forbear the respondents 1 to 4 from taking over the control of the administration of Arulmigu Sangenthi Muthiah Iyyanar and Karuppar Temple, Palayapatti South, Boothalur Taluk, Thanjavur District from the petitioner and his men, without any notice or any enquiry.
“Directing the respondents 1 and 2 to protect the deities and temple, namely Karuppar Kovil situated at Palayapatti South Villge, Budalur Taluk, Thanjavur District by bringing the said temple under the control of Hindu Religious Charitable and Endowment Department by considering the representation given
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by the petitioner dated 11.10.2023.”
W.P.(MD) No.11252 of 2024
following observations:
“3.The learned Government Advocate for the respondents 1 to 3 would draw attention to the communication dated 02.02.2024 addressed to the petitioner, wherein the Assistant Commissioner, HR & CE, Thanjavur has informed the petitioner that the enquiry has been initiated, pursuant to the representation of the petitioner.
4.It is further submitted that the enquiry will be completed and appropriate orders will be passed within a period of 3 months.
5.Recording the above submission the Writ Petition stands disposed of by directing the second respondent to pass appropriate orders on merits and in accordance with law within a period of 3 months from the date of receipt of a copy of this order. No costs.”
Department has also sent notice to the petitioner to come for an enquiry on 18.05.2023 at 11.00 a.m.
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W.P.(MD) No.11252 of 2024
against by some of the private respondents in Crime No.252 of 2023 before the Sengipatti Police Station, Thanjavur District for the alleged offences committed by the petitioner under Sections 294(b), 420, 468, 474, 506(2) of IPC r/w 21(1) of the Mines and Minerals (Development and Regulations) Act, 1957 and that the complaint was given by one Rajendran Poosari/sixth respondent in W.P.(MD).No. 9489 of 2024 in connection with the alleged misappropriation of the office in the temple festival and Kumbabhisekam.
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W.P.(MD) No.11252 of 2024
Court in W.P.(MD)No.9489 of 2024 dated 18.04.2024.
to take over the temple, which is private temple, is unwarranted and without following due procedure of law and without notice to the petitioner.
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W.P.(MD) No.11252 of 2024
to be taken over by the TNHR&CE after due notice to the petitioner within a period of six weeks from today.
Index : Yes / No Internet : Yes / No apd To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.
07.06.2024
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur. 4.The Inspector, Hindu Religious and Charitable Endowments Department, Thirukaattupalli, Thanjavur District.
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W.P.(MD) No.11252 of 2024
C.SARAVANAN, J.
apd
W.P.(MD) No.11252 of 2024
07.06.2024
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2 issues framed by the court
Whether the High Court can direct the HR&CE Department to give notice to the petitioner before taking over the administration of the temple.
Whether the temple can be brought within the purview of the TNHR&CE Act, 1959.
2 provisions across 2 enactments
Kumar@Kandasamy
Commissioner of Hindu Religious and Charitable Endowments
Joint Commissioner of Hindu Religious and Charitable Endowments
Assistant Commissioner of Hindu Religious and Charitable Endowments
Inspector of Hindu Religious and Charitable Endowments
M.Sivakumar
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
