Madras High Court
Arulmighu Vengeeswarar Alagar Perumal vs The Commissioner on 29 June, 2021
Bench: M.M.Sundresh, R.N.Manjula
W.A.No.362 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.362 of 2020
and C.M.P.No.6046 of 2020
Arulmighu Vengeeswarar Alagar Perumal
and Nagathamman Devasthanam,
Rep. by its Hereditary Trustee,
P.Chamundeeswari,
Having its office at Temple Premises,
Vadapalani, Chennai - 600 026. .. Appellant
Vs
1.The Commissioner
Hindu Religious and Charitable Endowment Board,
Uthamar Gandhi Salai, Nungambakkam,
Chennai - 600 034.
2.The Assistant Commissioner/Executive Officer,
Arulmighu Vengeeswarar Alagar Perumal and
Nagathamman Devasthanam,
Office at: Arulmigu Vadapalani Andavar Temple,
Vadapalani, Chennai 600 026. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
20.12.2019 made in W.P.No.28960 of 2019.
For Appellant : Mr.PL.Narayanan
For Respondents : Mr.D.Ravichander
Government Counsel for R1
Mr.A.P.Sathyamurthy for R2
JUDGMENT
Page 1 of 5 W.A.No.362 of 2020 (Delivered by M.M.SUNDRESH, J.) This appeal has been preferred against the order of the learned Single Judge who went into the merits of the case while declining to interfere with the order of the appointment of the Executive Officer in view of Section 45(1) of the Hindu Religious and Charitable Endowments Act, while invoking the power under Section 21 of the Act.
2. Learned counsel appearing for the appellant, though made arguments on merit, we are not inclined to consider them in view of the existence of alternative remedy under Section 114 of the Hindu Religious and Charitable Endowments Act before the Government.
3. The appointment of Executive Officer has been made under Section 45(1) of the Act. For doing so, the Commissioner exercised the power under Section 21 of the Act. The power of the Commissioner under Section 21 of the Act would include the power to call for records of any Joint or Deputy or Assistant Commissioner or any trustee of a religious institution. In the case on hand, the Commissioner has exercised the said power on his own by appointing the Executive Page 2 of 5 W.A.No.362 of 2020 Officer. In such view of the matter, we are of the view that Section 114 of the Act can be invoked which provides power to the Government to call for the records.
4. In such view of the matter, the writ appeal stands disposed of giving liberty to the appellant to invoke Section 114 of the Hindu Religious and Charitable Endowments Act within a period of four weeks from the date of receipt of a copy of this judgment. In view of the above, the order of the learned single Judge along with the findings rendered stands set aside. As and when the aforesaid provision is invoked, the Government is expected to pass appropriate orders on merit without rejecting it on the ground of limitation. No costs.
Consequently, the connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
29.06.2021
Index:Yes/No
mmi/ssm
Note: Registry is directed to return the original impugned order to the learned counsel for the appellant.
Page 3 of 5 W.A.No.362 of 2020To
1.The Commissioner Hindu Religious and Charitable Endowment Board, Uthamar Gandhi Salai,Nungambakkam, Chennai - 600 034.
2.The Assistant Commissioner/Executive Officer, Arulmighu Vengeeswarar Alagar Perumal and Nagathamman Devasthanam, Office at: Arulmigu Vadapalani Andavar Temple, Vadapalani, Chennai 600 026.
Page 4 of 5 W.A.No.362 of 2020M.M.SUNDRESH, J.
and R.N.MANJULA,J.
mmi W.A.No.362 of 2020 29.06.2021 Page 5 of 5