The main legal point established in the judgment is the requirement for a suit to determine the classification of a temple as a 'denomination temple' and the implications of caste discrimination in temple administration.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 13.10.2021 in Na.Ka.No.6086/2021/A2 and quash the same and consequently direct the respondent authorities to conduct appropriate enquiry before taking possession in pursuant to the above impugned order.)

1. This writ petition has been filed by the petitioner against the impugned communication dated 13.10.2021 of the third respondent disposing the representation of the petitioner. The communication order reads as under:

2. By the impugned order, the third respondent has informed the temples viz., Varadaraja Perumal Temple and Kalahastheeswarar Temples do not belong to a particular community and that the said temple came under the control of the Hindu Religious and Charitable Endowments Act, 1959 way back in 1974 and therefore the petitioner should handover the control of assets (both movable and immovable) to the 5th respondent herein who has been appointed as the fit person.

3. The impugned order precedes two orders of the fourth fifth respondent, the Executive Officer of the Vadasennimalai Balasubramaniam Temple was appointed as a “Fit Person” for two temple namely, Varadaraja Perumal Temple and Kalahastheeswarar Temple. Therefore, by another letter dated 13.10.2021 bearing reference handover the control of both the temples to the fifth respondent herein who was appointed as the fit person for the two temples.

4. The reasons for appointing fourth respondent as a “Fit Person” vide order dated 03.02.2021 referred to supra are identical and are as under:

5. The above order states that afte the temporary of the nonhereditary earlier from the list available with the Assistant Commissioner Division, expired various lands of administrative problems have arisen and that no report were being filed before the Commissioner in time. Therefore, in the interest of the temple administration and in order to carry out all the administrative tasks including ITMS, preparation of registers, regularization of lands belonging to the temples, removal of encroachments, protection of valuables, cases related to the temple, till the appointment of non-hereditary trustees, to protect the interest of the temple, fit person was being appointed as a temporary arrangement in the exercise of the powers conferred by Sections 47 and 49 of the Hindu Temple Charitable Trusts Act 1359 (Tamil Nadu Act 22/1959) and the amended Act 39/1996.

6. The averments in the affidavit filed in support of the present writ petition indicates that the land comprised in Old Survey No.56 and New Survey No.41/3 is said to have belonged to the great grand father of the petitioner and in the aforesaid land the petitioner's family had constructed Kalahasthreeswaran Swami Temple and Varadaraja Perumal Temple by investing their money out of their pocket and out of donations received from the members of the petitioner's Pillai community and other few community members namely Konar, Udayar, Gounder and Jangamar.

7. It is submitted that the temple is maintained by the petitioner's family members using the contributions from these communities. The salaries to the temple staffs including the priest, sweepers and others are paid out of the contributions and collections from the temple.

8. It is further case of the petitioner that the electricity bill and other statutory charges are also paid in the individual name of the petitioner Kandasami Pillai and that the petitioner has spent around 80 lakh which includes donations received from the members of these communities.

9. It is a specific case of the petitioner that their temple is a private temple which was built out of the donations received from donors of the temple and was intended only for members of the petitioner's community and few other communities viz., Konar, Udayar, Gounder and Jangamar.

10. It is submitted that in view of the above, the worship be