COMMON ORDER

The issue here pertains to the affairs of Arulmighu Kadumbadi Chinnamman Temple, Saidapet. According to the petitioner in W.P.No.9704 of 2020, this temple was established by his ancestors, and it ultimately devolved on four branches with a combined total membership of 21 persons. This body of persons from the four branches would constitute the Hereditary Trustees of the temple, and the HR&CE Department hold an election to select a Chairman to the Board of Trustees from among the Trustees. And that the Chairman of the Trustees will hold the office for a term of two years.

2. While so, sometime in 2010, the HR&CE Department found certain reasons to hold an enquiry into the affairs of the temple and it found that six Trustees, which includes the Chairman of the Board of Trustees have engaged in certain activities undermining the well being of the temple and its affairs. The Department therefore, suspended the entire body of Trustees. The suspended Trustees have filed several writ petitions, and they were taken on record by this Court in W.P. No.12770 of 2010 etc., batch. Those cases were decided and disposed of by a learned Single Judge of this Court vide order dated 24.04.2012, with a direction to the Commissioner, HR&CE to hold an enquiry on the alleged malpractices of Board of Trustees.

3. Accordingly, the Commissioner, HR&CE is stated to have held an enquiry and passed his proceedings on 14.07.2014. Vide this proceedings, the Commissioner treated the period of suspension imposed on all the Trustees except Tr.A.Baskaran, as penalty, and reinstated them to hold the office of Trustees. So far as Baskaran is concerned, for large scale malpractices, the Commissioner had directed his removal from the Board of Trustees. Mr.A.Baskaran is said to have challenged it before this Court in W.P. No.14054 of 2015, and lost the same. Ultimately, he preferred an appeal in W.A. No.3412 of 2019, challenging the order passed in W.P. No.14054 of 2015, and the appeal too came to be dismissed.

4. It is in this setting, the rest of the Hereditary Trustees were organising themselves for the election of the Chairman, which as stated earlier, was to be conducted by the Department. Now out of a bolt from the blue, they received a notice from the first respondent dated 22.06.2020, informing the Trustees of its intent to appoint an Executive Officer for the temple, and sought their objections. This is now under challenge in this writ petition.

5. In the meantime, one of the Trustees, who is also the sister of the present petitioner has filed W.P.No.2610 of 2020, seeking a direction to the Department to initiate action against the present petitioner and four others. In this petition, Tr.A.Baskaran got himself impleaded as the 26th respondent, and Gajapathy (the petitioner in W.P.No.9704 of 2020) was impleaded as the 25th respondent.

6. Mr.S.Yashwanth, the learned Additional Government Pleader, who is appearing for respondents 1 to 3 made a statement that the second respondent had made some enquiries and found that the petitioner in W.P. No.9704 of 2020, is found guilty of certain misdeeds.

7. This is the setting in which the petitioner in W.P. No.9704 of 2020, seeks a direction to the HR&CE Department to hold election to the office of the Chairman of the Board of Trustees.

8. The enquiry, which the petitioner in W.P. No.2610 of 2020 is stated to have been conducted by the Joint Commissioner, HR&CE, namely 4th respondent in that case, and has forwarded his report to the Secretary to the Government, HR&CE, the first respondent in W.P. No.9704 of 2020. A copy of the said report is also made available before this court.

9. So far as the cause of action in W.P. No.2610 of 2020 and the nature of prayer sought therein is concerned, it has been addressed now by the 4th respondent and the matter is now pending with the Secretary to Government, HR&CE Department, namely the first respondent in W.P. No.2610 of 2020. Therefore, nothing more requires to be done v