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2023 Supreme(Mad) 3197

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
H. H. Sankaracharya Swamigal, Pondicherry – Appellant
Versus
Govt. of Tamil Nadu, Represented by its Secretary, Tourism, Culture & Charitable Endowments Department, Chennai – Respondent


For the Appellant :A.K. Sriram, Senior Counsel, Wilson Topas for M/s. A.S. Kailasam & Associates, Advocates. For the Respondents: R1 to R3, N.R.R. Arun Natarajan, State Government Pleader.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 12.02.2020 made in W.P.No.23096 of 2013 and allow the above Writ Appeal.)

D. Bharatha Chakravarthy, J.

A. The Questions:

1. The questions which arise for our determination in this Writ Appeal are, (i)whether action of the authorities of the State of Tamil Nadu under the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959, in appointing a fit person in respect of the properties of the appellant Temple is without jurisdiction as extra territorial exerciser of power?; and (ii)even if they had jurisdiction, whether a fit person can be appointed in respect of property of the temple?

B. The Appeal:

2. This Writ Appeal is directed against the Order of the learned Single Judge dated 12.01.2020 in W.P.No.23096 of 2013, by the said order, the learned Single Judge had disposed of the Writ Petition, on the following terms:

“19. In the result, the impugned orders are quashed and the matter is remanded back to the third respondent for fresh consideration and the third respondent shall pass final orders under Section 49 of the Tamil Nadu Hindu Religious and Charitable Endowments

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