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2016 Supreme(Mad) 2642

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. VENUGOPAL, J.
P. Krishnamoorthy - Petitioner
Vs.
The Commissioner, Hindu Religious & Charitable Endowments Department – Respondents
W.P.(MD) Nos. 12125 of 2016 to 12129 of 2016 and WMP(MD) Nos. 9252 to 9256 of 2016
Decided On : 17-08-2016

Advocates Appeared:
For the Petitioners: Mr. G. Prabhu Rajadurai
For the Respondents: Mr. V.R. Shanmuganathan Special Government Pleader, Mr. Muthugeethayan

Headnote:

HR&CE Act - Section 46 (iii) - Hereditary Trustees - Appointed as Executive Officer - Hindu Religious & Charitable Endowments – Quash - According to Petitioners they were Hereditary Trustees of Temple and three sub-temples Temple as well as the present Chairman of Trust Board of Temple - Aforesaid Temples were originally built by their forefathers and they were in complete administration and management of affairs of temple - By virtue of order made in O.A by then Deputy Commissioner for HR&CE Department father of Petitioner in W.P. (MD) and five others were appointed as Hereditary Trustees pertaining to above said four temples and that whole management of temple was with Hereditary Trustees of temple and later department appointed Executive Officer for temple in order to manage temple along with Hereditary Trustees in year in spite of objections made by the earlier Hereditary Trustees - Held, This Court grants liberty to Second Respondent/Joint Commissioner Hindu Religious & Charitable Endowments Department to pass fresh order in subject matter in issue by providing adequate opportunity to writ petitioners/ Hereditary Trustees of Temple including Chairman of the Board of Trustees by supplying copies of documents prior to commencement of conduct of enquiry once again and in case - If writ petitioners are desirous of letting in any oral or documentary evidence then this Court directs Second Respondent/Joint Commissioner Hindu Religious & Charitable Endowments Department to permit them because of reason that Justice should not only be done but manifestly be seen to be done - After providing adequate/necessary opportunities to petitioners Second Respondent/ Joint Commissioner Hindu Religious & Charitable Endowments Department is to pass a reasoned speaking order afresh on merit - Miscellaneous Petitions are closed.

ORDER :

Heard the Learned Counsel for the Petitioners; the Learned Special Government Pleader for the Respondent Nos. 1, 2 and 4 and the Learned Counsel for the Third Respondent.

2. The Petitioners have preferred the present writ petitions seeking to call for the records relating to the impugned orders in Se.Mu.Na.Ka.No.2578/2016/Aa1-1; Se.Mu.Na.Ka.No. 2578/2016/Aa1-2; Se.Mu.Na.Ka.No.2578/2016/Aa1-2; Se.Mu.Na.Ka.No.2578/2016/ Aa1-2 respectively, as well as the consequential order in Se.Mu.Na.Ka.No.2578/2016/ Aa1-3 passed by the Second Respondent, dated 20.06.2016 and to quash the same.

3. The Factual Matrix of the Writ Petitions:-

3.1. According to the Petitioners, they were Hereditary Trustees of Arulmigu Vigneshwarar Vagaiyara Temple, Old Ayakudi, Palani and three sub-temples viz., Arulmigu Idumban Temple, Sivagiripatti, Palani, Utchimakaliamman Kovil and Muthupetchi @ Kaliamman Kovil as well as the present Chairman of Trust Board of Arulmigu Vigneshwarar Vagaiyara Temple. The aforesaid Temples were originally built by their forefathers and they were in complete administration and management of the affairs of the temple. As a matter of fact, a scheme was also settled in O.A. No. 142 of 1929, which was later modified in O.A. No. 290 of 1935 as well as the subsequent order, dated 20.01.1936, by the then Board by exercising its powers under Sections 18 & 63 (iii) of the Old Act II of 1927.

3.2. By virtue of the order made in O.A.No.25 of 1978, dated 28.11.1978, by the then Deputy Commissioner for HR&CE (Admn) Department, Madurai, the father of the Petitioner in W.P. (MD) No. 12125 of 2016 viz., P. Krishnamoorthy and five others were appointed as Hereditary Trustees pertaining to the above said four temples and that the whole management of the temple was with the Hereditary Trustees of the temple and later the department appointed Executive Officer for the temple in order to manage the temple along with the Hereditary Trustees in the year 1984, in spite of the objections made by the earlier Hereditary Trustees.

3.3. The Arulmigu Vigneshwarar Temple is a listed temple under Section 46 (iii) of HR&CE Act, as the annual income is not less than Rs.10 lakhs. Indeed, the First Respondent by proceedings dated 10.09.1990 in Na.Ka.A2/72200/90 has brought the temple within the purview of Section 46 (iii) of HR&CE Act. Later, after the death of the Hereditary Trustees viz., Perumal, Thirumoorthy, Alagarsamy and Vallimuthu, the Second Respondent by proceedings dated 15.02.2011 in Pa.Mu.No.972/2011/A1 has recorded the writ Petitioners as Hereditary Trustees of the above said Arulmigu Vigneshwarar Temple. Even prior to that by means of proceedings dated 02.01.2009 and after the death of some of the Hereditary Trustees, the writ Petitioners were recorded as Hereditary Trustees. Besides, by means of proceedings of the Second Respondent dated 24.01.2009, the Petitioner in W.P. (MD) No. 12125 of 2016 (P. Krishnamoorthy) was elected as the Chairman of the Trust Board. Later, by means of G.O. (Pa) No. 29, dated 10.02.2015 Tourism, Culture and Religious Endowments (A.Ni.3.1) Department, the Petitioner in W.P. (MD) No. 12125 of 2016 (P. Krishnamoorthy), was appointed as the Chairman of Trust Board of the above said Arulmigu Vigneshwarar Temple, Old Ayakudi, Palani as the other Trustees elected the Petitioner in W.P. (MD) No. 12125 of 2016 (P. Krishnamoorthy), in the election conducted on 19.02.2014 by the government itself, since the temple is a listed temple under Section 46 (iii) of the HR&CE Act.

3.4. The Second Respondent, who was originally appointed as Executive Officer of the very same temple in the year 2001 started to act indifferently in one way or other due to personal animosity as he had difference of opinion in management of the temple with the then Hereditary Trustees and the earlier Hereditary Trustees have also made certain complaints against the Second Respondent while he was discharging his duties as the Executive Officer in the year 2








































































































































































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