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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MOHAMMED SHAFFIQ
Muthukumar – Appellant
Versus
Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai – Respondent
ORDER :
MOHAMMED SHAFFIQ, J.
The present writ petition is filed praying for issuance of a writ of mandamus to direct the 2nd respondent viz., The Inspector, Tamil Nadu Hindu Religious and Charitable Endowment Department, Srivilliputhur to submit a report afresh before the 1st respondent i.e., The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai by conducting an inquiry as contemplated under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowment Act 22/1959 (in short "the Act")., in respect of O.A.No.30/2023.
2. Brief Facts
2.1. The petitioner is a trustee of Arulmighu Thangavinayagar Temple, Vathrayapu, Virudhunagar District. The said Temple was consecrated in the early 1900's by Adhinarayana Pillai and Chinnasamy Pillai, children of Gurusamy Pillai. Both of whom did not have any male children. In terms of the will of the founder of the Temple, the Temple could be administered by male legal heirs. Muthusamy Pillai, Sangaiya Pillai and Thillainayagam Pillai are the children of the sisters of Adhinarayana Pillai and Chinnasamy Pillai.
2.2. A settlement deed was executed on 15.04.1937 conferring the rights of trusteeship on Muth
The judicial inquiry under Section 63 of the Tamil Nadu HR&CE Act must be conducted by the Joint Commissioner, as the power to delegate this authority is not granted, ensuring legal compliance and du....
The Joint Commissioner must conduct inquiries under Section 63(b) of the Act, as delegation of this duty to the Inspector is invalid, affirming that statutory roles cannot be delegated without explic....
The Inspector lacks authority to conduct an enquiry under Section 64(1) of the Act, which mandates that only the Joint Commissioner or Deputy Commissioner can settle schemes after proper consultation....
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....
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 court emphasized strict adherence to procedural fairness and statutory safeguards in quasi-judicial proceedings involving trustee matters under the applicable act.
The court ruled that the Madras Hindu Religious and Charitable Endowments Act does not permit the formation of a committee to oversee the actions of a hereditary trustee.
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
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