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S. M. SUBRAMANIAM, C. KUMARAPPAN
Arulmighu Angalaparameswari Thirukovil, Kulakkarai, Vadapalani, Rep. by its Fit Person – Appellant
Versus
Arulmighu Angala Parameswari Aalaya Committee, Rep. by its Secretary, R. Vinayagam – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order of the learned Judge made in W.P.No.2916 of 2016 dated 13.07.2021.]
The writ order dated 13.07.2021 passed in W.P.No.2916 of 2016 is under challenge in the present writ appeal.
2. The 3rd respondent / Temple in the writ petition is the appellant before us. The 1st respondent instituted writ petition challenging the appointment of a fit person under Section 49 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 by the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai in R.P.No.80 of 2015 D2 dated 06.11.2015.
3. The sole issue crop up in the present lis would be, under Section 49 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, whether the Assistant Commissioner is empowered to appoint a fit person only if any mismanagement is identified or where no trustee is recognised and for maintenance of temple.
4. Section 49 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, reads as under;
Section 49 of the Tamil Nadu Hindu Religious and Charitable Endowments Act allows for the appointment of a fit person in the absence of a recognized trustee, irrespective of mismanagement.
The main legal point established in the judgment is that the Assistant Commissioner does not have the power to declare an institution as a religious institution and appoint a fit person under Section....
The appointment of non-hereditary trustees must comply with statutory requirements, including notice to hereditary trustees and documented reasons for disqualification.
The appointment of a Fit Person by the HR & CE Department requires adherence to principles of natural justice, including prior notice, and must be justified by claims of mismanagement; otherwise, it ....
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
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