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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh
K.Gopalakrishnan – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. mandamus for appointment compliance (Para 1 , 2 , 3) |
| 2. grievance on lack of compliance (Para 4) |
| 3. confirmation of fit person's appointment (Para 5 , 6) |
| 4. executive officer's authority reinforced (Para 7) |
| 5. writ petition disposed (Para 8) |
ORDER :
N. ANAND VENKATESH, J.
This writ petition has been filed for the issue of writ of Mandamus directing the respondents 1 and 2 to appoint an Executive Officer in compliance with the provisions of the PONDICHERRY HINDU RELIGIOUS INSTITUTIONS ACT , 1972.
2. The case of the petitioner is that he is a devotee of the Arulmighu Drowbathi Amman Devasthanam. The board of trustees were appointed through proceedings dated 12.02.2014. This was only for a period of three years up to 2017. However, subsequent Gazette was issued by appointing the same trustees for three more years from 2017 to 2020.
3. A writ petition was filed before this Court in WP No.9894 of 2020 challenging the proceedings of the Commissioner of HR&CE department dated 29.05.2020 and for making fresh appointment. This writ petition came to be disposed of by an order dated 15.06.2021 and the relevant portions are extracted hereunder :-
6. The board members must be drawn fr
Appointment of an Executive Officer under the Pondicherry Hindu Religious Institutions Act, 1972 requires compliance to avoid previous trustees from continuing control over temple management.
Temple cannot remain under Executive Officer administration permanently; Board of Trustees must be appointed as per Section 49 of the Hindu Religious and Charitable Endowments Act, 1959.
Court mandates timely action to ensure proper management of temple affairs due to mismanagement threats.
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 ....
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