Back
SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
M. S. Senkathir Prakash – Appellant
Versus
Commissioner Hindu Religious Charitable Endowment, Chennai – Respondent
JUDGMENT
(Prayer:- Appeal under Clause 15 of the Letters Patent against the order dated 22.06.2023 passed in W.P. No. 11193 of 2023 by the learned Single Judge.)
P.D. Audikesavalu, J.
1. The Appellant claims to be the Hereditary Trustee of Arulmigu Mariamman and Vinayagar Temple (hereinafter referred to as ''the Temple'' for short) situated at Machampalayam Village, Madhukarai Taluk, Coimbatore District.
2. The Fifth Respondent, who is related to the Appellant, has a rival claim for the Hereditary Trusteeship of the Temple, is prosecuting the suit in O.S. No. 874 of 2017 before the Sub Court, Coimbatore in that regard. The Second Respondent by proceedings in Na.Ka.No. 1090/2023/Aa4/dated 24.03.2023 had called for the explanation of the Appellant for certain charges levelled against him in the conduct of the affairs of the Temple and pending enquiry into the same, he was placed under suspension, and the Fifth Respondent was appointed as Fit Person in the exercise of powers under Section 54(3) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (hereinafter referred to as ''the Act'' for short). The order was assailed by the Appellant in the Writ Petition in W.P. No. 111
The legal principle established is the adherence to principles of natural justice and the limited duration of management takeover in matters related to the appointment of trustees and Fit Persons for....
The court upheld the right of succession for hereditary trustees during temporary vacancies while directing prompt administrative actions.
Existing trustees must be consulted before appointing new non-hereditary trustees as per the HR & CE Act.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
