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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
V. Senthilnathan & Ors. - Appellants
Versus
The Commissioner, Hindu Religious and Charitable Endowments, (Administration) Department & Ors. - Respondents
W.A. Nos. 63 & 8 of 2021 and C.M.P. Nos. 564, 567, 131 & 132 of 2021
Decided On : 26-06-2024
Writ Appeal - Hindu Religious and Charitable Endowments - The court determined that disputes regarding the appointment of hereditary trustees in temples are subject to civil suits under Section 70 of the Hindu Religious and Charitable Endowments Act, 1951, and thus, writ petitions under Article 226 of the Constitution are not maintainable. This interpretation led to the reversal of the Writ Court's order.
Fact of the Case:
The writ appeal was filed against a common order that set aside decisions made by the Commissioner and Joint Commissioner of the Hindu Religious and Charitable Endowments Department regarding the appointment of a hereditary trustee in a temple.
Finding of the Court:
The court found that the disputes in question are amenable to resolution through civil suits as per Section 70 of the Hindu Religious and Charitable Endowments Act, 1951, and therefore, the writ petition was not the appropriate legal remedy.
Issues: Whether the disputes regarding the appointment of hereditary trustees in temples can be adjudicated through writ petitions under Article 226 of the Constitution or must be addressed through civil suits as per the Hindu Religious and Charitable Endowments Act.
Ratio Decidendi: The court held that since the Act provides for civil suits to resolve such disputes, the writ petition was not maintainable, emphasizing the need to follow the statutory remedy outlined in the Act.
Result: The writ order dated 02.12.2019 was set aside, and the writ appeals were allowed, closing the connected miscellaneous petitions.
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.12.2019 made in W.P.No.41422 of 2016 on the file of this High Court of Judicature at Madras.
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.12.2019 made in W.P.No.43153 of 2016 on the file of this High Court of Judicature at Madras.]
The writ appeal has been instituted against the common order dated 02.12.2019 passed in W.P.Nos.41422 and 43153 of 2016.
2. The Writ Court had set aside the orders passed by the Commissioner, Hindu Religious and Charitable Endowments (Administration) Department in the revision petition and the order passed by the Joint Commissioner, Hindu Religious and Charitable Endowment Department.
3. The dispute exist for appointment of hereditary trustee in the Temple. Such disputes adjudicated and decided by the Joint Commissioner and the Commissioner of Hindu Religious and Charitable Endowments Department are amenable to the Civil Suit to be instituted under Section 70 of the Hindu Religious and Charitable Endowments Act, 1951.
4. When the Act contemplates institution of civil suit before the Competent Civil Court of Law, the writ petition filed under Article 226 of the Constitution of India is not entertainable. Thus, the parties are at liberty to work out their remedy in the manner known to law.
5. Accordingly, the writ order dated 02.12.2019 passed in W.P.Nos.41422 and 43153 of 2016 is set aside and the Writ Appeals are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.
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