Madras High Court
Durai Bubalan vs The Commissioner on 2 February, 2021
Author: Anita Sumanth
Bench: Anita Sumanth
WP.No.1640 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02.02.2021
CORAM:
THE HON'BLE Dr.JUSTICE ANITA SUMANTH
W.P. No.1640 of 2021
Durai Bubalan ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam,
Chennai-600 034.
2.The Assitant Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam, Kanchipuram - 631 502.
3.Executive Officer,
Arulmigu Sri Kandasamy Thirukoil,
Thiruporur, Chengalpattu-603 110. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a writ of Mandamus directing the 2nd Respondent to
immediately take steps to conduct the election of new Madathipathi for
Arulmigu Chidambara Swamigal Thirumadam as per the directions issued by
the 1st Respondent in Na.Ka.No.1573-2/2020/S1 dated 28.05.2020 and
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WP.No.1640 of 2021
Na.Ka.No.1573/2020/S1 dated 24.12.2020 and appoint the Commissioner to
conduct the election as contemplated under the scheme framed in O.S.No.13 of
1910 and modified in A.S.Nos.16 and 40 of 1927 by the District Court,
Chengalpattu.
For Petitioner : Ms.Mithra Nisha
for Mr.V.Raghavachari
For Respondents : Ms.A.B.Reehana Begum (for R1 & R2)
Government Advocate
Mr.A.K.Sriram (for R3)
ORDER
Heard Ms.Mithra Nisha, learned counsel for Mr.V.Raghavachari, learned counsel for the petitioner, Ms.A.B.Reehana Begum, learned Government Advocate for the official respondents/R1 & R2 and Mr.A.K.Sriram, learned counsel for Executive Officer, Arulmigu Sri Kandasamy Thirukoil, Thiruporur/R3.
2. The petitioner has sought a mandamus directing R1/the Assistant Commissioner, HR&CE Department to take steps promptly to conduct the election of new Madathipathi for Arulmigu Chidambara Swamigal Thirumadam as per directions issued by R1 on 28.05.2020 and 24.12.2020 and appoint the Commissioner to conduct elections as contemplated under a https://www.mhc.tn.gov.in/judis/ 2 WP.No.1640 of 2021 scheme framed in O.S.No.13 of 1910 and modified in A.S.Nos.16 and 40 of 1927 by the District Court, Chengalpattu.
3. All parties, for a change, are on the same page, and agree that the conduct of election should be done as promptly as possible to ensure proper administration of the Mutt.
4. Mr.Sriram in memo dated 31.01.2021, while expressing no objection to the prayer, would also point out that one Balasubramania Iyer claiming to be the nominee of the last Madathipathi, has filed a suit in O.S.No.8 of 2016 before the Sub-Court, Chengalpattu praying for a declaration that he be elected as the Madathipathi. The HR&CE Department is a party to the suit proceedings. I take note of this position.
5.In the light of the consensus expressed of all parties before me, I am of the view that there should be no delay in the appointment of Madathipathi for proper administration of the Mutt and I see no reason why the appointment should await disposal of the suit and further appeals, if any. The procedure for the conduct of election has been set out in scheme decree framed in O.S.No.13 of 1910 and modified scheme in A.S.Nos.16 & 40 of 1927:-
'Whenever a vacancy shall arise in the office of Saniyasi Trustees of Sri Kandasamy temple by death, resignation or retirement of the last holder of such office https://www.mhc.tn.gov.in/judis/ 3 WP.No.1640 of 2021 without such person having nominated or appointed his successor according to the usage obtaining in the institution for such nomination or appointment the surviving trustee shall within a fortnight of the occurrence of such vacancy publish in the District Gazette and two Vernacular daily newspapers the facts of such vacancy giving notice to persons desirous of taking part in the election to be thereafter held for the filling up of such vacancy to have their names registered in a register of voters to be prepared and maintained as hereinafter provided.'
6. Let the process as above be commenced and necessary publication effected within a period of two weeks from today by the Assistant Commissioner/R2. The exercise of conduct of election be completed within a period of two months thereafter. The appointment shall be subject to the result of O.S.No.8 of 2016.
7. This writ petition is disposed in the aforesaid terms. No costs.
02.02.2021 ska/vs Note:Registry is directed to upload this order on 03.02.2021. Index:Yes/No Speaking order/Non-speaking order To
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 034.
2.The Assitant Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Kanchipuram - 631 502.
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3.Executive Officer, Arulmigu Sri Kandasamy Thirukoil, Thiruporur, Chengalpattu-603 110.
Dr.ANITA SUMANTH, J.
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