Madras High Court
C.M.Sivababu vs The Commissioner on 27 November, 2020
Author: Anita Sumanth
Bench: Anita Sumanth
W.P. No.9421 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.9421 of 2020
C.M.Sivababu .. Petitioner
Vs
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
No.119, Uttamar Gandhi Salai,
Nungambakkam
2.The Joint Commissioner
Religious and Charitable Endowment Department
Collector Office Road,
Villupuram-605 602
3.The Assistant Commissioner,
Religious and Charitable Endowment Department
Tiruvoodal Street
Tiruvannamalai-606 601
4.The Executive Officer,
Religious and Charitable Endowment Department
Kamatchi Amman Koil Compound
Kamatchi Amman Koil Street,
Tiruvannamalai, 606 601
5.K.Rajendran …Respondents
1
http://www.judis.nic.in
W.P. No.9421 of 2020
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to
Writ of Mandamus directing the respondents 1 to 4 to appoint a competent person as
the Archagar (Priest) of Arulmigu Sri Kaliamman Thirukovil at Chengam Road,
Girivalapathai, Tiruvannamalai and to forbear the 5th respondent from performing
any poojas at the said temple and further for a direction, directing the respondent
authorities herein to pass orders on the petitioners’ representation dated 17.02.2020
in accordance with law.
For Petitioner : Mr.J.Ashok
For Respondents : Mr.R.Venkatesh
Government Advocate for R1 to R4
Mr.K.Narayanan for R5
*********
ORDER
The petitioner seeks a mandamus directing respondents 1 to 4/official respondents HR&CE Department and Executive Officer (R1 to R4) to appoint a competent person as Archakar of the Arulmigu Sri Kaliamman Thirukovil at Chengam Road, Girivalapathai, Tiruvannamalai Temple (Temple) and also to forbear the 5th respondent from performing poojas in the temple. He also seeks a direction for disposal of his representation dated 17.02.2020 in accordance with law.
2. The petitioner claims to be a devotee in the aforesaid temple. The prime allegation is against R5, stated to be an employee of the Public Works Department, Thiruvannamalai, who was additionally rendering duties as an Archakar in the temple in question. Allegations are made to the effect that he was not competent to 2 http://www.judis.nic.in W.P. No.9421 of 2020 conduct the poojas therein and had engaged in misappropriation of amounts collected for the purpose of temple renovation.
3. In a counter filed by R4, the Executive Officer (EO) confirms at para 4 that the 5th respondent has been engaged in activities that are adverse to the interests of the temple. Para 4 reads as follows:
I submit that a letter has been given on 24.08.2016 to the 5th respondent who had been performing pooja in this temple to get the permission from the temple administration to paint the temple through the Shanthi Mali Trust located in Tiruannamalai Girivalapathai while he was on duty in the year 2016, and the 5th respondent instead of giving the letter of consent of the beneficiary to submit to the temple office, he kept it to himself and gave permission to the beneficiary arbitrarily. I submit that moreover, without the permission of the temple administration, he has acted arbitrarily with the notice that the Aadi Porridge offering Ceremony festival will be held on 13.09.2016 and also parallel notice have been printed individually and circulated to the public about Aadi Porridge offering Ceremony festival without permission of the Temple administration. All the allegations made against the 5th respondent, was enquired into and at last found proved. So the 5th respondent was suspended for the above reason in the year 2016.
4. It is thus clear that the allegations levelled as against R5 have been enquired into and proved. His suspension in the year 2016 is clearly in order. What baffles is the inaction of the Executive Officer (EO) from 2016 till date in not filling up the position of 5th Archakar in the temple in question.
5. Section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (in short ‘Act’) reads thus:
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55. Appointment of office-holders and servants in religious institutions. - (1) Vacancies, whether permanent or temporary, among the office-holders or servants of a religious institution shall be filled up by the trustee [in all cases.] [Explanation. - The expression "office-holders or servants" shall include archakas and pujaries.] [(2) No person shall be entitled to appointment to any vacancy referred to in sub-section (1) merely on the ground that he is next in the line of succession to the last holder of the office.] (3) [***] (4) Any person aggrieved by an order of the trustee under [sub-section (1)] may, within one month from the date of the receipt of the order by him, appeal against the order to [the Joint Commissioner or the Deputy Commissioner, as the case maybe].
6. In line with the provisions of Section 55, it was incumbent upon the EO or the person in charge to make an appointment expeditiously to fill the position of Archakar that fell vacant. I am constrained to say that the conduct of the EO in this matter does not inspire any confidence of this Court, that the interests of the temple are being looked after in a proper manner.
7. The Government has issued G.O.Ms.No.114 dated 03.09.2020 setting out conditions of service in Hindu Religious Institutions Employees (Conditions of Service Rules), 2020. These rules are applicable from September 2020 and cannot be cited as an excuse by R4 to have taken appropriate action in this matter.
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8. Moreover, one Kirubakaran, the son of R5 has been permitted to render services as Archakar in place of R5 even without a formal appointment. The entire sequence is irregular, to say the least. The Executive Officer is expected to bear in mind the interest of the temple and not act in collusion with the trustee and employees to further their own interests.
9. A mandamus is issued to R4 to appoint an Archakar in place of R5/ Kirubakaran within a period of eight (8) weeks from today. It is made clear that the temple poojas/rituals would, forthwith, be attended to by the three other Archakars in rotation, till such time the fourth Archakar is appointed.
10. This Writ Petition is allowed. No costs. Place this matter for reporting compliance on 22.01.2021.
27.11.2020 Ska/sl Index: Yes Speaking order To
1.The Commissioner, 5 http://www.judis.nic.in W.P. No.9421 of 2020 Hindu Religious and Charitable Endowment Department, No.119, Uttamar Gandhi Salai, Nungambakkam
2.The Joint Commissioner Religious and Charitable Endowment Department Collector Office Road, Villupuram-605 602
3.The Assistant Commissioner, Religious and Charitable Endowment Department Tiruvoodal Street Tiruvannamalai-606 601 DR. ANITA SUMANTH, J.
Sl
4.The Executive Officer, Religious and Charitable Endowment Department Kamatchi Amman Koil Compound Kamatchi Amman Koil Street, Tiruvannamalai, 606 601 W.P.No.9421 of 2020 6 http://www.judis.nic.in W.P. No.9421 of 2020 27.11.2020 7 http://www.judis.nic.in