P. Marimuthu Vs the Joint Commissioner

2.The Assistant Commissioner, O/o.The Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Old Employment Office Building, Jayanagar, Tiruvallur District.

¶12

3.The Inspector, Hindu Religious and Charitable Endowment Board, Gumudipoondi.

¶13

Respondents

¶14

PRAYER: This petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the 2^nd respondent in impugned re-announcement notice No.2378 of 2018 (ITM CODE:219)A2, dated 28.12.2023 and to quash the same.

¶15

For Petitioner : Mr.W.M.Abdul Majeed for Mr.G.Sumitra

¶16

For Respondents : Mr.S.Ravichandran, Additional Government Pleader for HR & CE

¶17

1/4

¶18

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

¶19

ORDER

¶20

This Writ Petition is filed to quash the impugned re-announcement notice No.2378 of 2018 (ITM CODE:219)A2, dated 28.12.2023, passed by the second respondent.

¶21

Heard Mr.Mr.W.M.Abdul Majeed, learned counsel for the petitioner and Mr.S.Ravichandran, learned Additional Government Pleader for the respondents.

¶22

The learned counsel for the petitioner states that the father, C.Pattu Reddy was recognised and appointed as Hereditary Trustee of the Temple in question, in this writ petition and on his demise, on 17.08.2000, according to the petitioner, the petitioner has been continuously administering and managing the affairs of the Temple. The petitioner has also filed an Application under Section 54(1) of the HR & CE Act, 1959, to recognise the petitioner as the legal heir. The said application has been filed along with no objection letters/affidavits of other legal heirs of Late.C.Pattu Reddy. Admittedly, the said Section 54(1) Application is pending with the first respondent/Joint Commissioner and no final orders has been passed.

¶23

2/4

¶24

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

¶25

In the interregnum period, the respondents have now proceeded to

¶26

issue the impugned communication, in and by which, they proposed to induct a non Hereditary Trustee. In the light of Section 54(1) Application and the entitlement of the petitioner to be ordinarily recognised as Hereditary Trustee, subsequent to the demise of his father Late C.Pattu Reddy, I am inclined to dispose of the Writ Petition directing the first respondent to dispose of the petitioner’s Application under Section 54(1) of the HR & CE Act, after giving fair opportunity to the petitioner and pass final orders within a period of twelve (12) weeks and subject to the decision of the first respondent on the Section 54(1) Application, the impugned notice shall either be dropped or proceeded with, in accordance with law.

¶27

In fine, this Writ Petition is disposed of with the above directions.

¶28

Consequently, connected Miscellaneous Petition is closed. No costs.

03.11.2025

rkp

3/4

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

P.B.BALAJI.J.,

rkp

To

1.The Joint Commissioner, Hindu Religious & Charitable Endowment Board, Vellore.

¶37

2.The Assistant Commissioner, O/o.The Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Old Employment Office Building, Jayanagar, Tiruvallur District.

¶38