Writ petition challenging the process for appointing non-hereditary trustees of a temple under a 1988 scheme. With counsel agreeing on a voters list, the court appointed an Advocate Commissioner to finalise the eligible voter list, publish it for objections, and conduct a transparent trustee election.
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.(MD) No.23719 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.23719 of 2023 and W.M.P.(MD) No.20000 of 2023
C.Muniyappan
.. Petitioner
Vs.
Watrap, Virudhunagar District.
Rep., by its Managing Trustee, Having its registered Office at V.P.Street, Watrap, Srivilliputhur Taluk, Virudhunagar Ditrict.
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W.P.(MD) No.23719 of 2023
5.Veeramani 6.Gomathi 7.K.Sethuraman 8.P.Marimuthu 9.P.Ramraj 10.N.Balakrishnan 11.R.Subramanian .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Declaration, to declare the entire process pursuant to notice dated Nil issued by the 3rd respondent needs to declared null and void and consequently issue directions to the respondents 1 to 3 herein to appoint new non-hereditary trustees for Arulmigu Kammala Karuppasamy Temple, Watrap Taluk, Virudhunagar District by strictly adhering the confirmed scheme for the temple in O.A.No.10/1987 dated 29.01.1988 within the time limit to be stipulated by this Court.
For Petitioner : Mr.S.Sumesh For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.P.Mahendran For RR4 to 6 & 8 : Mr.P.Ganapathi Subramanian
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For RR9, 10 & 11 : No appearance Respondent-7 : Refused
W.P.(MD) No.23719 of 2023
ORDER
This writ petition has been filed seeking for a declaration to declare that the notification issued by the third respondent for calling upon persons interested to attend his office for appointment of nonhereditary trustees as per a scheme as null and void and to direct respondents 1 to 3 to appoint new non-hereditary trustees as per the scheme framed in O.A.No.10 of 1987, dated 29.01.1988.
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W.P.(MD) No.23719 of 2023
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W.P.(MD) No.23719 of 2023
94438 55090) as Advocate Commissioner. The petitioner shall furnish the list of the names of the eligible voters in each of the family to the Advocate Commissioner appointed by this Court within a period of two weeks from today and thereafter, the same shall be published by the learned Advocate Commissioner in a notice board of the temple calling for any objections in respect of the voters list published within a period of two weeks and thereafter, finalise the list of eligible voters within a period of 10 days and conduct the election within a further period of four weeks. The Advocate Commissioner shall also be assisted by the Fit Person appointed in the conduct of election. If required, the Advocate Commissioner shall also take the assistance of the Jurisdictional police. The Advocate Commissioner shall be entitled to a fees of Rs.2,00,000/(Two Lakhs Rupees only) for executing the work.
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W.P.(MD) No.23719 of 2023
20.01.2025
Note: Issue order copy by 23.01.2025
NCC : Yes/No Index : Yes/No Internet : Yes
abr
To
Virudhunagar.
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W.P.(MD) No.23719 of 2023
K.KUMARESH BABU, J.
abr
W.P.(MD) No.23719 of 2023
Dated: 20.01.2025
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1 issue framed by the court
Should the notification for appointing non-hereditary trustees be declared void, and should new trustees be appointed per the O.A.No.10/1987 scheme?
1 provisions across 1 enactments
C.Muniyappan
The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar
The Inspector, Hindu Religious and Charitable Endowments Department, Srivilliputhur, Virudhunagar District
Arulmigu Kammalakaruppasamy Temple, Watrap, rep. by its Thakkar
Kammalan Paripalana Trust, Watrap, rep. by its Managing Trustee
Veeramani
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
