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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.KUMARESH BABU
A.Ramu – Appellant
Versus
Assistant Commissioner – Respondent
ORDER :
K.KUMARESH BABU, J.
Challenge in the Writ Petition in W.P.No.14484 of 2023 is an order of appointment of a fit person pending the framing of a scheme in respect of Arul Migu Sree Periyanayagi Amman Thirukovil and Karuppar Alayam.
2. W.P.No.25487 of 2024 is to give effect to the order impugned in 14484 of 2023.
3. The learned counsel appearing for the Writ Petitioner in W.P.No. would submit that the temples Arul Migu Sree Periyanayagi Amman Thirukovil and Karuppar Alayam had been in existence of more than 200 years and had been administered and maintained by the ancestors of the petitioner. The family of the petitioner had administered and maintained the temple all along and that presently he is the hereditary trustee of the said temple. While that being so, the third respondent herein had attempted to put-spoke in the administration of the temple with a sole intention to take over the same. Hence, the petitioner had also instituted a Suit in O.S.No.131 of 2018 on the file of Sub-court, Ramanathapuram and the same is pending. The third respondent herein had also filed a Writ Petition in W.P.(MD).No.19629 of 2022 seeking for a mandamus to direct the temple to be administered by t
The court upheld the appointment of a fit person for temple administration under Section 49 of the H.R.&C.E. Act, emphasizing the need for substantiated claims regarding trusteeship amid ongoing disp....
The court held that hereditary rights to temple administration supersede unilateral executive appointments when trusteeship disputes are pending, emphasizing adherence to statutory requirements and p....
The court affirmed the hereditary trusteeship of defendants, ruling that plaintiffs failed to prove mismanagement or entitlement to non-hereditary trusteeship under the Hindu Religious Charitable End....
The court upheld the appointment of a fit person for temple administration, emphasizing that prior claims by the petitioner were withdrawn, negating his right to contest the appointment without a hea....
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 court mandated fresh consideration of hereditary trusteeship claims under procedural fairness, emphasizing current management until resolutions are provided per established laws.
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