Madras High Court
Thirunavukkarasu vs The Commissioner on 30 August, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.22358 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.22358 of 2022
and
W.M.P.Nos.21405 & 21407 of 2022
Thirunavukkarasu ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.119, Uthamar Gandhi Road,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Sathuvatchari, Vellore - 9.
3.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
A.K.Thangavelar Street,
Little Kancheepuram,
Kancheepuram - 631 501.
4.The Inspector,
Hindu Religious and Charitable
Endowment Department,
Walajabad, Kancheepuram District.
____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 10
W.P.No.22358 of 2022
5.S.Dhanpal
6.M.Shanthanam
7.L.Subramani ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records of the third respondent by its proceedings in reference
No.Se.Mu.Mu.Mu.No.9515/2017/Aa2 dated 25.07.2022 and quash the same
and to further direct the third respondent to appoint fresh trustee as per law in
a transparent manner from and out of person who were residing at Senguntha
Mudaliyar at Mela Street, Ayyampettai, Kancheepuram District to
Arulmighu Kailasanathar and Santhaveli Amman Thirukoil, Ayyampet.
For Petitioner : Mr.V.Manoharan
For Respondents :
For R1 to R4 : Mr.N.R.R.Arun Natarajan
Special Government Pleader
ORDER
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader takes notice on behalf of the first to fourth respondents.
2. After hearing the learned counsel for the petitioner and the learned Special Government Pleader for the first to fourth respondents, this writ petition is being disposed at the time of admission, after dispensing with the ____________ https://www.mhc.tn.gov.in/judis Page No. 2 of 10 W.P.No.22358 of 2022 requirement of notice and counter on the private respondents/fifth to seventh respondents, as no adverse orders are proposed to be passed against the private respondents/fifth to seventh respondents at this stage in this writ petition.
3. The petitioner has challenged the impugned order of the third respondent/Joint Commissioner dated 25.07.2022 bearing Ref.Se.Mu.Mu.Mu.No.9515/2017/Aa2 whereby, the third respondent/Joint Commissioner has appointed the fifth, sixth and seventh respondents as Non-Hereditary Trustees of Arulmighu Kailasanathar and Santhaveli Amman Thirukoil, Ayyampettai, Kancheepuram District under Section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the TNHR&CE Act).
4. It is submitted that earlier a writ petition was filed by one M.Chidambaram in W.P.No.30378 of 2017, for a Mandamus, to direct the first and second respondents therein to appoint a trustees in transparent manner from and out of persons who were living at Mela Street, Ayyampettai, Kancheepuram District to the Arulmighu Kailasanathar & ____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 10 W.P.No.22358 of 2022 Sandaveli Ammal Thirukoil, Mela Street, Ayyampettai, Kancheepuram District as per the scheme and accordance with law.
5. It is submitted that the respondents had earlier issued an advertisement/notification calling for application for appointment of Non-Hereditary Trustees of Arulmighu Kailasanathar and Santhaveli Amman Thirukoil, Ayyampettai, Kancheepuram District on 08.12.2017. The said Writ Petition was disposed by this Court by an order dated 10.12.2021 with the following observations:-
"7. The petitioner has come forward with the present Writ Petition, seeking direction to the respondents 1 and 2 herein to appoint the trustees in a transparent manner from out of persons, who are living at Mela Street, Ayyampettai, Kancheepuram District. However, as seen from the counter affidavit filed by the 1st respondent, already the respondents 2 and 3 have taken steps to appoint the trustees to the temple and a notification was also issued and it was affixed in the temple wall on 16.12.2017, inviting applications from the eligible candidates. Therefore, when the respondents have taken initiative to appoint the trustees to the temple, the petitioner has come forward with the present Writ Petition, which in the opinion of this Court, cannot be entertained. Further, keeping this Writ Petition pending will only stay all the process of the appointment of the trustees to the temple. In such circumstances, this Court is of the view, that no orders are required to pass in the present Writ Petition. Since, the respondents 2 and 3 have already initiated the process for appointment of trustees. Pursuant to the notification, everyone is entitled to make ____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 10 W.P.No.22358 of 2022 application including the petitioner also and if the petitioner is found eligible, the petitioner can also make an application, as per the notification.
8. Accordingly, this Writ Petition is disposed of directing the respondents to appoint the trustees to the temple pursuant to the notification dated 08.12.2017 and finalise the same, if already not finalised. No costs. Consequently, connected miscellaneous petition is closed."
6. It is submitted that the petitioner is also one of the person who belongs to the 60 families of the Senguntha Mudaliyar Community, who were recognized as per the Scheme Decree in O.A.No.117 of 1958 dated 28.06.1961. It is further submitted that the petitioner came to know about his rejection only after the impugned order has been passed. It is submitted that the third respondent has favoured the private respondents/fifth to seventh respondents herein owing to their political connection/influence and affiliation to a political party and have ignored the petitioner.
7. It is submitted that the appointment of the private respondents is based on the verification made in 2017 though a communication/letter was addressed to the Office of the Special Government Pleader on 19.07.2022. When the Contempt Petition in Cont.P.No.1247 of 2022 was filed by the ____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 10 W.P.No.22358 of 2022 petitioner therein due to non-compliance of the order passed by this Court in W.P.No.30378 of 2017. It was informed that police verification was awaited insofar as the private respondents are concerned. It is submitted that the petitioner has been unfairly ousted from being selected as a Non-Hereditary Trustee contrary to order in O.A.No.117 of 1958 dated 28.06.1961 passed by the then Deputy Commissioner of the Hindu Religious and Charitable Endowments (Administration) Department.
8. This Writ Petition is stoutly opposed by the learned Special Government Pleader for the first to fourth respondents stating that the petitioner does not belongs to the 60 family members recognized in O.A.No.117 of 1983 dated 28.06.1961. Therefore, the petitioner and five others were rejected after preliminary scrutiny. Since, the petitioner is not entitled to be appointed as a Hereditary Trustee, the question to considering the application of the petitioner does not arise. Hence, it is prayed that the writ petition is liable to be dismissed.
9. That apart, it is submitted that the petitioner has an alternate remedy before the Commissioner or the Deputy Commissioner under Section 47(4) ____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 10 W.P.No.22358 of 2022 of the TNHR&CE Act. On this count also, this Writ Petition is liable to be dismissed.
10. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Special Government Pleader for the first to fourth respondents.
11. The writ petition filed by the petitioner is liable to be dismissed as the petitioner has an alternate remedy under Section 21 of the TNHR&CE Act. In my view, Section 47(4) of the TNHR&CE Act will apply only in case a Hereditary Trustee or a Trustee is aggrieved by the order of the Government, the Commissioner, the Deputy Commissioner under Section 47 of the TNHR&CE Act. The petitioner is admittedly not a Trustee or a Hereditary Trustee so as to seek a remedy under Section 47 of the TNHR&CE Act.
12. The question as to whether the petitioner indeed belongs to the 60 family members of the Senguntha Mudaliyar Community residing at Mela Street, Ayyampettai, Kancheepuram District or not cannot be decided in a ____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 10 W.P.No.22358 of 2022 writ proceedings under Article 226 of the Constitution of India. Under these circumstances, I am inclined to dismiss this writ petition. However, liberty is given to the petitioner to file appropriate revision petition/application against the impugned order of the first respondent/Commissioner, within a period of thirty days from the date of receipt of a copy of this order.
13. In case such revision petition/application is filed by the petitioner, the first respondent/Commissioner may consider the proposed revision petition of the petitioner and dispose the same on merits and in accordance with law, preferably, within a period of three months from the date of receipt of a copy of this order. All the issues are left open to be decided by the respondents.
14. This Writ Petition stands dismissed with the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
30.08.2022 Index : Yes/No Speaking/Non-Speaking Order arb ____________ https://www.mhc.tn.gov.in/judis Page No. 8 of 10 W.P.No.22358 of 2022 To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sathuvatchari, Vellore - 9.
3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, A.K.Thangavelar Street, Little Kancheepuram, Kancheepuram - 631 501.
4.The Inspector, Hindu Religious and Charitable Endowment Department, Walajabad, Kancheepuram District.
____________ https://www.mhc.tn.gov.in/judis Page No. 9 of 10 W.P.No.22358 of 2022 C.SARAVANAN, J.
arb W.P.No.22358 of 2022 and W.M.P.Nos.21405 & 21407 of 2022 30.08.2022 ____________ https://www.mhc.tn.gov.in/judis Page No. 10 of 10