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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.JUSTICE MOHAMMED SHAFFIQ, J
R.lingaraj – Appellant
Versus
Joint Commissioner, Tamil Nadu Hindu Religious And Charitable Endowment Department – Respondent
ORDER :
(MOHAMMED SHAFFIQ, J.)
The present writ petition is filed challenging the impugned proceedings dated 21.03.2024, whereby, the 2nd respondent viz., the Inspector, Tamil Nadu Hindu Religious and Charitable Endowment Department, Thiruparankundram, Madurai, had called upon the petitioner to appear before him with relevant documents for enquiry, in relation to a scheme to be framed under Section 64(1) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 , (hereinafter referred to as "the Act").
Brief facts:
2. The petitioner is a trustee of Arulmigu Sri Kalyana Vinayagar Thirukkoil situated at Pandiyan Nagar, Madurai (hereinafter referred to as "the Temple"). The Temple was founded and consecrated sometime in the year 1959. The Temple was founded by the members of Saiva Pillamar, Gowra Naidu, Yathavar, Nadar, Thondai Mandala Muthaliyar communities living at Pandiyan Nagar, Madurai. It is submitted that the members of the above five communities were functioning as Trustees of the Temple.
3. It is submitted by the learned counsel for the petitioner that the entire residents of Pandiyan Nagar, recognised the members of the five communities as permitted rather entitled to
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The court emphasized the importance of compliance with procedural mandates under the Tamil Nadu Hindu Religious & Charitable Endowments Act-1959, and upheld the rights of the trustees appointed throu....
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....
Point of Law : Exercise of jurisdiction under Article 226 of the Constitution of India is not barred merely because there is an alternative remedy of appeal.
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 Commissioner must decide on renovation proposals in accordance with statutory provisions, ensuring no unauthorized demolition occurs.
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