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N. SATHISH KUMAR
R. Kulandaivelu – Appellant
Versus
Joint Commissioner Hindu Religious, Charitable Endowment Department – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in Se. Mu. Na. Ka. No. 6362/2015/E1 dated 27.08.2015 passed by the first respondent and the order in Na. Ka. No. 804/2014/A2 dated 30.09.2015 passed by the second respondent quash the same, and consequently direct the second respondent to pass an order approving the petitioners' names as the Non-Hereditary Trustees as per the Resolution dated 18.05.2014 passed by Thindaimandala Athi Saiva Vellalas of Kadambathur Village in compliance with the Scheme dated 21.12.2003 made in O.A. No. 14 of 1996 passed by the first respondent.
1. This writ petition is filed challenging the order made in Se. Mu. Na. Ka. No. 6362/2015/E1 dated 27.08.2015 passed by the first respondent and the order in Na. Ka. No. 804/2014/A2 dated 30.09.2015 passed by the second respondent, quash them and consequently direct the second respondent to pass an order approving the petitioners' names as the Non-Hereditary Trustees as per the Resolution dated 18.05.2014 passed by Thindaimandala Athi Saiva Vellalas of Kadambathur Village in com
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
Court affirmed the continuing authority to appoint non-hereditary trustees while addressing pending hereditary claims without vacating procedures under the H.R. & C.E. Act.
The main legal point established in the judgment is that the HR&CE Department has the power to appoint non-hereditary trustees, but when a scheme is already in force, trustees must be appointed only ....
The court upheld the appointment of a fit person for temple administration under Section 49 of the H.R.&C.E. Act, emphasizing the need for substantiated claims regarding trusteeship amid ongoing disp....
The appointment of non-hereditary trustees must comply with statutory requirements, including notice to hereditary trustees and documented reasons for disqualification.
Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
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