Madras High Court
S.Selvam vs / on 22 April, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.17845 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.17845 of 2023
and
W.M.P.(MD) Nos.14932 to 14934 of 2023
S.Selvam ... Petitioner
/vs./
1. The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Dindigul.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Dindigul.
3.The Executive Officer,
Hindu Religious and Charitable Endowments Department,
Thadikombu, (Fit person, Arulmigu Sri Kaliamman,
Sri Mariamman Thirukovil, Vaiwespuram, Nagaiahkottai Village,
Guffiliamparai Taluk),
Dindigul.
4.The Inspector of Police,
Eriyodu Police Station,
Dindigul.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.17845 of 2023
5. R.Subramanian ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to
the impugned order passed by the 2nd respondent in br/K/e/f/vz;/771-2023=11-m2-ehs; :
30.06.2023 quash the same and consequently direct the 3rd respondent to conduct
the 3 days festival at Arulmigu Sri Kaliamman, Sri Mariamman Thirukovil in
Natham Survey No.756/1, survey no.1292/65, Vaiwespuram, Nagaiahkottai
Village, Gujjiliamparai Taluk, Dindigul as per the orders of this Court pending
disposal of O.S.No. 46 of 2022 on the file of the 1st respondent.
For Petitioner : Mr.M.S.Suresh Kumar
For R1 to R3 : Mr.P.T.Thiraviam,
Government Advocate
For R4 : Mr.S.Manikandan,
Government Advocate (Crl. Side)
For R5 : Mr.R.Thangapandian
ORDER
The petitioner has filed this writ petition for a Certiorarified Mandamus, to call for the records petaining to the impugned order passed by the second respondent in br/K/e/f/vz;/771-2023=11-m2-ehs; : 30.06.2023, quash the same and 2/12 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17845 of 2023 consequently, direct the third respondent to conduct the 3 days festival at Arulmigu Sri Kaliamman, Sri Mariamman Thirukovil in Natham Survey No. 756/1, Survey No.1292/65, Vaiwespuram, Nagaiahkottai Village, Gujjiliamparai Taluk, Dindigul as per the orders of this Court pending disposal of O.S.No. 46 of 2022 on the file of the 1st respondent.
2. By this impugned order, the second respondent has appointed the fifth respondent on a Non-Hereditary Trustee under Section 49 of the T.N.H.R.&C.E Act, 1959.
3. The learned counsel for the petitioner would submit that an order was passed by this Court in W.P.(MD).No.14684 of 2023 on 22.06.2023, wherein, the fifth respondent herein was the fourth respondent, in respect of the temple festival during pendency of O.A.No.46 of 2022 filed by the fifth respondent herein under Section 63(b) of T.N.H.R.&C.E Act, 1959. The learned counsel for the petitioner would submit that the impugned order was passed by the second respondent without taking consideration the pendency of O.A.No.46 of 2022 before the Joint Commissioner, who is the Supervisory Authority.
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4. That apart, the learned counsel for the petitioner would submit that in the said proceedings, the petitioner was also impleaded subsequently. It is further submitted that the Joint Commissioner disposed of O.A.No.46 of 2022 filed by the fifth respondent, vide order dated 12.09.2023.
5. It is submitted that since the issue was pending before the Joint Commissioner, who is the superior officer to the second respondent, in O.A.No.46 of 2022, the second respondent ought not to have passed the impugned order under Section 49(1) of T.N.H.R.&C.E Act, 1959 by appointing the fifth respondent as a Non-Hereditary Trustee of the temple.
6. That apart, it is submitted that the fifth respondent cannot approbate and reprobate. It is submitted that in O.A.No.46 of 2022, the attempt of the fifth respondent was to declare himself as a Hereditary Trustee of the temple, whereas, now the 2nd respondent has appointed the fifth respondent as a Non-Hereditary Trustee under Section 49(1) of T.N.H.R.&C.E Act, 1959.
7. Opposing the prayer, the learned Government Advocate and learned 4/12 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17845 of 2023 Government Advocate (Crl.Side) for the official respondents would draw the attention of the order passed by the Joint Commissioner on 12.09.2023 in O.A.No.46 of 2022. The learned counsel for the official respondents would specifically draw the attention to the last paragraph of the order, wherein, the Joint Commissioner came to the conclusion that the fifth respondent was asking for the relief, in the light of the compromise signed between the petitioner herein and the fifth respondent and others on 29.08.2023, wherein, they wanted the Scheme to be framed under Section 64(1) of T.N.H.R.&C.E Act, 1959 and therefore, the Joint Commissioner dismissed O.A.No.46 of 2022 with the observations, stating that the scope of enquiry in O.A.No.46 of 2022 was for appointment of the fifth respondent as a Hereditary Trustee under Section 63(b) of the T.N.H.R.&C.E. Act, 1959, whereas, the relief sought by the petitioner and the parties to the proceedings in O.A.No.46 of 2022, pursuant to Compromise/Peace Committee, was laid under Section 64(1) of T.N.H.R.&C.E Act, 1959.
8. The learned counsel for the official respondents would further submit that if the petitioner is aggrieved, the petitioner can file an appeal under Section 5/12 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17845 of 2023 69 of the T.N.H.R.&C.E Act, 1959. That apart, the learned counsel for the fifth respondent, who was the petitioner in O.A.No.46 of 2022/the respondent No.4 in W.P(MD)No.14684 of 2023, which was disposed of on 22.06.2023, would submit that the second respondent has exercised the power under Section 49(1) of the T.N.H.R.&C.E Act, 1959, which is an independent power vested with the Assistant Commissioner.
9. That apart, it is submitted that the appointment of the fifth respondent as the Hereditary Trustee under Section 49(1) of the T.N.H.R.&C.E, 1959 Act was on the strength of the recommendation of the District Committee and the Inspector of the T.N.H.R.&C.E Department.
10. He further reiterated that in any event, it is open for the petitioner to file the statutory appeal against the order, appointing the fifth respondent as the Non- Hereditary Trustee under Section 69 of T.N.H.R.&C.E Act, 1959. That apart, the learned counsel for the respondents submitted that the tenure of the fifth respondent as a Non-Hereditary Trustee is fixed for a period of 2 years and almost 50% of the period is over.
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11. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3, the learned Government Advocate (Crl.Side) for the fourth respondent and the learned counsel for the fifth respondent.
12. This Writ Petition was filed on 21.07.2023. Pursuant to the directions of this Court, dated 22.06.2023 in W.P(MD).14684 of 2023, the Joint Commissioner was directed to dispose of O.A.No.46 of 2022 filed under Section 63(b) of T.N.H.R.&C.E Act, 1959, by the fifth respondent. However, a compromise was reached between the parties in O.A.No.46 of 2022 on 29.08.2023, wherein the parties agreed with the following:
“nkw;go rkur kDtpy; “nkw;fz;l tHf;F rk;ge;jg;gl;l jpz;Lf;fy; khtl;lk;. F$pypak;ghiw tl;lk;. ehif nfhl;il fpuhkk;. itnt!;g[uj;jpy; cs;s mUs;kpF _ khupak;kd; jpUf;nfhapy; rk;ge;jkhd midj;J tpjkhd epu;thf eltof;iffs; jpUtpHh eltof;iffs; midj;ija[k; kDjhuu;fs; kw;Wk; vjpu;kDjhuu;fs; Mfpa ,U jug;iga[k; nru;e;j Ie;J egu;fs; xUkpj;J xUfpize;J bra;J tu ntz;oaJ vd;w rkhjhd epiyapy; ,t;tHf;F rk;ge;jg;gl;l jpUf;nfhapy; epu;thfk; bjhlu;ghd rkur kDthf ,ij 7/12 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17845 of 2023 jhf;fy; bra;fpnwhk;/ khz;g[kpF ePjpkd;wk; ,jid Vw;W jFe;j cj;jut[ gpwg;gpf;FkhW ,Ujug;gpdUk; ntz;of; bfhs;fpnwhk;” vdf; Fwpg;gplg;gl;Ls;sJ/”
13. The petitioner herein was the third respondent in O.A.No.46 of 2022. It is pursuant to the aforesaid decision, the Joint Commissioner has passed the following order:
“nkw;fz;l vjpu;kD kw;Wk; rkur kDtpy; fpuhk kf;fspy; 5 egu;fis nju;t[ bra;J epu;thfj; jpl;lk; mikf;f ,k;kDtpy; Kot[ bra;a ,ayhJ/ Vbddpy; ,J guk;giu cupik nfhup r/gp/63(gp) d;fPH; jhf;fy; bra;ag;gl;l kDthFk;/ nkw;go midj;J rKjha kf;fSk; g';FbgWk; tifapy; epu;thfj; jpl;lk; Vw;gLj;Jtjw;F r/gp/64(1) d; fPH; jdpahf tpz;zg;gpf;f ntz;Lk; vd cj;jutplg;gLfpwJ/ ,t;tHf;fpd; kDjhuu;fSk;. epu;thfj; jpl;lk; Vw;gLj;j rk;kjk; bjuptpj;Js;sjhYk; r/gp/63(gp) d; fPH; guk;giu jd;ika[ilaJ vd kDjhuu;fshy; epU:gpf;fg;glhjjhYk; ,k;kD js;Sgo bra;J cj;jutplg;gLfpwJ/” 8/12 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17845 of 2023
14. The second respondent has exercised the power under Section 49(1) of T.N.H.R.&C.E. Act, 1959. It is an independent power vested with the second respondent to fill in the vacancy pending appointment of Hereditary Trustee
15. There is no impediment in appointing the fifth respondent as the Non- Hereditary Trustee of the temple under the circumstances, merely because, the fifth respondent had made a claim that he should be appointed as a Hereditary Trustee in O.A.No.46 of 2022. In any event, O.A.No.46 of 2022 was dismissed by the first respondent, it is for the parties to file suitable application for the Scheme. Thus, it is open for the petitioner and also fifth respondent to file an appropriate application before the Joint Commissioner under Section 64(1) of T.N.H.R.&C.E, 1959 in terms of decision taken by them on 29.08.2023.
16. It is also open to the petitioner to file suitable application under Section 69 of T.N.H.R.&C.E Act, 1959, questioning the appointment of the fifth respondent, as a Hereditary Trustee, considering the fact that the temple has come under the purview of the T.N.H.R.&C.E Department in the year 2014. If such appeal filed within 30 days from the date of receipt of a copy of this order, such 9/12 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17845 of 2023 appeal shall be disposed of on merits.
17. This Writ Petition stands dismissed with above liberty. The official respondents shall ensure that the temple festival, which is to be held during the month of Vaikasi and Aani, is conducted by the fifth respondent under due direct supervision of the T.N.H.R.&C.E Department. No costs. Consequently, connected miscellaneous petitions are closed.
Index : Yes / No 22.04.2024
Internet : Yes / No
apd
To
1. The Joint Commissioner
Hindu Religious and Charitable Endowments Department Dindigul.
2.The Assistant Commissioner Hindu Religious and Charitable Endowments Department Dindigul.
3.The Executive Officer Hindu Religious and Charitable Endowments Department Thadikombu, (Fit person, Arulmigu Sri Kaliamman, Sri Mariamman Thirukovil, Vaiwespuram, Nagaiahkottai Village, Guffiliamparai Taluk) Dindigul.
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4.The Inspector of Police Eriyodu Police Station Dindigul.
11/12 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17845 of 2023 C.SARAVANAN, J.
apd W.P.(MD) No.17845 of 2023 22.04.2024 12/12 https://www.mhc.tn.gov.in/judis