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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
S.Mohan – Appellant
Versus
Commissioner – Respondent
ORDER :
D.BHARATHA CHAKRAVARTHY, J.
These two writ petitions are connected, having been filed by the same petitioner, and are therefore taken up together and disposed of by this common order.
2. W.P.(MD)No.35892 of 2025 challenges the order passed in O.A.No.14 of 2023. The case of the petitioner is that he is presently performing pooja as the Poojari of Arulmighu Karuvelikattu Ayyanar @ Kuravanikaatu Ayyanar Vagaiyara Temple, situated at Kandiyanatham, Ponnamaravathi Taluk, Pudukkottai District. By order dated 27.09.2023, the petitioner was appointed to perform pooja under the Oru Kaala Pooja Scheme and is receiving monthly remuneration under the said scheme.
3. It is the further contention of the learned counsel for the petitioner that the petitioner and his family have been granted service inam lands, which they are cultivating, and in return, they are obliged to render service to the Temple as Poojari. According to the petitioner, without considering his case, the order in O.A.No.14 of 2023 came to be passed. Even in the said order, while appointing the seventh respondent / Chithandi as temporary Poojari, the services rendered by the petitioner were not taken into account.
4. It is
The removal of an individual from a service appointment without prior notice, charge memo, or an opportunity for an enquiry violates the principles of natural justice and is legally unsustainable.
Hereditary poojariship not claimable; custom-based application under HR & CE Act permitted.
Hereditary poojariship not bequeathable by Will; revision under Section 114 HR&CE Act available before writ.
When a claim for a hereditary priesthood or customary right in a religious institution is disputed, the appropriate remedy is to seek adjudication via a statutory application before the designated au....
No interim relief at last minute despite pending appeal; expedite appeal disposal.
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