Madras High Court
V.A.Rajaraman vs The Commissioner on 23 June, 2021
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD).No.11998 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.11998 of 2018
and W.M.P.(MD)No.10955 of 2018
V.A.Rajaraman ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
119, Uthamar Gandhi Salai,
Chennai – 34.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
B1 Road, Ellis Nagar,
Madurai – 625 016.
3.The Inspector (Suits),
Hindu Religious and Charitable
Endowments Department,
B1 Road, Ellis Nagar,
Madurai – 625 016.
4.The Executive Officer,
Arulmigu Dhandayudapani Swamy Temple,
Nethaji Road,
Madurai – 625 001.
1/10
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11998 of 2018
5.S.Gomathivijayan
6.R.Muthalagar
7.S.Sivanathan
(Respondents 5 to 7 are impleaded as
per order of this Court dated 23.06.2021) ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Certiorari, calling for the records of the
impugned order of the 4th respondent in proceedings dated 28.05.2018
issued to the petitioner and quash the same as illegal.
For Petitioner : Mr.C.Guhaseelarupan
For Respondents : Mr.M.Lingadurai
Government Advocate for R1 to R3
Mr.S.Manohar for R4
Ms.N.Krishnaveni,
Senior Counsel for R5 to R7
ORDER
This Writ Petition has been filed challenging the impugned communication of the fourth respondent dated 28.05.2018, wherein the petitioner was informed that the management of the temple must be handed over to the fit person appointed by the second respondent, through proceedings dated 12.05.2018.
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2. Heard Mr.C.Guhaseelarupan, learned counsel for the petitioner, Mr.M.Lingadurai, learned Government Advocate for the respondents 1 to 3, Mr.S.Manohar, learned counsel for the fourth respondent and Mrs.N.Krishnaveni, learned Senior Counsel appearing for the newly impleaded respondents 5 to 7.
3. It is seen from the records that the daily pooja has to be performed and it seems that there was an understanding between four Karai Pangaligal, to do the poojas for each Karai for a period of two years. There was some dispute among them, which went out of control and hence, the temple itself was closed.
4. The petitioner claims that he is in management of the temple and performing the pooja. On the other hand, the impleaded respondents are claiming that the petitioner does not have an exclusive right to manage the temple and it has to be managed by each Karai for a period of two years and this practice has been going on for generations. 3/10 https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11998 of 2018
5. The subject matter of challenge in the present Writ Petition is only a consequential communication that was issued by the fourth respondent, directing the petitioner to hand over the management of the temple to the Fit Person appointed by the second respondent, through proceedings dated 12.05.2018.
6. The learned counsel appearing for the fourth respondent submitted that the present Writ Petition itself is not maintainable, since the petitioner has not challenged the proceedings of the second respondent, dated 12.05.2018 and that apart, the petitioner has an effective alternative remedy to file a revision before the concerned authority under Section 21-A of the “Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959” (hereinafter referred to as “the Act”). Learned counsel further submitted that in view of the interim order passed by this Court, the Fit person was not able to take charge of the management of the temple. Therefore, learned counsel sought for dismissal of the writ petition.
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7. The learned Senior Counsel appearing on behalf of the impleaded respondents 5 to 7 submitted that the petitioner does not have an exclusive right of management and for generations, the daily pooja is performed by each Karai, for a period of two years and the petitioner has completely disrupted the peaceful management and the pooja performed in the temple. Learned Senior Counsel further submitted that the petitioner is not even permitting the impleaded respondents to enter the temple by taking advantage of the interim order passed in his favour.
8. In the considered view of this Court, this Court will not be able to pass any effective orders in the present Writ Petition, since the proceedings of the second respondent dated 12.05.2018, has not been put to challenge. The impugned communication of the fourth respondent is consequential in nature and therefore, unless the main order is questioned, there will be no meaning in considering the consequential communication. It has been brought to the notice of this Court that the petitioner is in management of the temple and is doing the poojas by virtue of the interim order passed by this Court on 21.06.2018. 5/10 https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11998 of 2018
9. On considering the facts and circumstances of the case, this Writ Petition is disposed of by issuing the following directions:
a) The second respondent is directed to communicate the proceedings dated 12.05.2018, to the petitioner within a period of two weeks from the date of receipt of a copy of this order;
b) The petitioner is directed to file a revision before the concerned authority under Section 21-A of the Act, within a period of two weeks from the date of receipt of the proceedings dated 12.05.2018, from the second respondent;
c) the concerned authority viz, the Joint Commissioner, on receipt of the revision petition, shall issue notice to the petitioner and the impleaded respondents 5 to 7 and conduct an enquiry and pass appropriate orders within a period of six weeks thereafter. The Joint Commissioner shall also entertain the objections given by 6/10 https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11998 of 2018 either party and act upon the same, while conducting the enquiry.
d) The present status quo with regard to the management and administration of the temple shall be maintained, since the petitioner has been permitted to do so, by virtue of an interim order passed by this Court on 21.06.2018 and it may not be appropriate to disturb this position till final orders are passed in the revision;
e) Even though the petitioner is in the administration and management of the temple, the petitioner is directed not to prevent the respondents 5 to 7 from entering the temple to perform their prayers. As a note of caution, respondents 5 to 7 shall not take advantage of this direction and create a law and order problem and their entry into the temple shall be confined only for the purpose of performing prayers and 7/10 https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11998 of 2018
f) The fourth respondent shall await the final orders to be passed in the revision filed before the Joint Commissioner and shall act inconsonance with the final orders.
No costs. Consequently, connected miscellaneous petition is closed.
23.06.2021 Index :Yes/No Internet : Yes/No vsm Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.8/10
https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11998 of 2018 To
1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Chennai – 34.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, B1 Road, Ellis Nagar, Madurai – 625 016.
3.The Inspector (Suits), Hindu Religious and Charitable Endowments Department, B1 Road, Ellis Nagar, Madurai – 625 016.
4.The Executive Officer, Arulmigu Dhandayudapani Swamy Temple, Nethaji Road, Madurai – 625 001.9/10
https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11998 of 2018 N.ANAND VENKATESH.J., vsm W.P.(MD).No.11998 of 2018 and W.M.P.(MD)No.10955 of 2018 23.06.2021 10/10 https://www.mhc.tn.gov.in/judis/