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 filed by one M. Radhakrishnan which was affirmed by the Hon’ble Division Bench of this Court vide its order dated 11.10.2018 in W.A. No. 936 of 2014.

4. By the impugned order dated 05.09.2020, the first respondent Commissioner has set aside the order dated 16.05.2012 passed by the Joint Commissioner in Na. Ka. No. 13559/2010/A2 under Section 54(1) of the H.R. & C.E. Act, 1959 recording the succession of the petitioners herein as the Hereditary Trustees of the following three temples:

(i) Arulmighu Gopala Krishnasami Temple, Tenkasi.

(ii) Arulmighu Viswanathasamy Temple, Tenkasi.

(iii) Arulmighu Anjaneyarsamy Temple, Tenkasi.

5. These temples are referred to as Gopala Krishnasami allied Temples. The impugned order dated 05.09.2020 re-affirms the view taken by the Commissioner in the earlier order dated 16.04.2013 in Rc. No. 54100/2012-D2, wherein, the order dated 16.05.2012 passed by the Joint Commissioner in Rc. No. 13559/2010 under Section 54(1) of the H.R. & C.E. Act, 1959 was set aside assuming the power under Section 69(2) of the H.R. & C.E. Act, 1959.

6. The brief facts of the case which are relevant for a proper disposal of these Writ Petitions are narrated hereinafter.

7. The Hindu Religious and Charitable Endowments Board, by its proceedings dated 25.10.1928 under the provisions of the erstwhile Madras Hindu Religious Endowments Act, 1923, had concluded that these temples were “excepted temples” and thus were outside the purview of the Hindu Religious and Charitable Endowments Board.

8. By the aforesaid order, it was however concluded that these temples were public temples implying that members of the public were also entitled to offer their worship in the temples.

9. It appears that from the inception, these temples were managed by members from 9 different families belonging to Brahmin Community. Over a period of time, orders were passed recognizing some of the persons from the families as Hereditary Trustees in the place of the Hereditary Trustees who either resigned or died. The following dates and events are relevant:

10. During the interregnum, in the exercise of power under Section 45(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the first respondent Commissioner appointed an Executive Officer for these three Temples by an order dated 26.11.1974 bearing reference Pr