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C. SARAVANAN
M. Radhakrishnan – Appellant
Versus
Commissioner, HR & CE Admn. Department, Chennai – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records and quash the order dated 05.09.2020 signed on 10.11.2020 passed by the first respondent in A.P. No. 29 of 2014 against the petitioners.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records relating to the proceedings of the first respondent dated 05.09.2020 made in A.P. No. 29 of 2014 and quash the same.
1. By this common order, both these Writ Petitions are being disposed of.
2. In these Writ Petitions, the petitioners have challenged the impugned order dated 05.09.2020 passed by the first respondent Commissioner of Hindu Religious and Charitable Endowments Department, in A.P. No. 29 of 2014, under Section 69(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred to as “H.R. & C.E. Act 1959”].
3. The impugned order has been passed pursuant to an earlier order of this Court dated 16.06.2014 in W.P. No. 18874 of 2013
The court affirmed the hereditary trusteeship of defendants, ruling that plaintiffs failed to prove mismanagement or entitlement to non-hereditary trusteeship under the Hindu Religious Charitable End....
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....
The main legal point established in the judgment is that the Civil Court has jurisdiction to decide disputes over hereditary trusteeship when there are rival claimants, and the authorities under the ....
Writ court directs expeditious disposal of hereditary trustee recognition petition, keeping impugned Fit Person appointment subject to its outcome without merits adjudication.
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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