Back
2021 Supreme(Online)(MAD) 14097
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.03.2021& 21.10.2021 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH A. Nos.4951, 3918, 4952, 4954, 4955, 4956, 3896, 4957, 4953 of 2017 and OANo.711 of 2017 in C.S. No.117 of 1907 andWP. Nos. 28763, 34672, 29658, 29659 of 2013, 27842, 17599, 18068, 23560, 27681, 15151, 3527, 27522 of 2014 WP.No.30371 of 2015, WP.No.2301 of 2016, WP.No.15026 of 2017 and WMP.Nos.16263 & 16264 of 2017 andA.No.9748 of 2018 & C.S.No.837 of
2018 & W.P. No.5293 of 2017 A.No.4951 of 2017: 1 P.S.Rudhrakumar
2 N.B.Selvaraj
3 P.R.Rajasekaran 4 M.Vijayakumar 5 R.Chandrasekar
6 E.Jayakumar
7 A.B.Srinivasan
8 E.Kandan
9 E.Palani .. Petitioners Vs.
1 The Commissioner Hindu Religious&CharitableEndowments UthamarGandhiAdigalSalai, Nungambakkam, Chennai 34.
2 The Joint Commissioner Hindu Religious&CharitableEndowments UthamarGandhiAdigalSalai, Nungambakkam, Chennai 34.
3 ArulmiguSriMuthukumaraswami Temple alias KandaswamiTemple
44RasappaChettyStreet,ParkTown,Chennai-3 rep by its Executive Officer .. Respondents Prayer: Application filed to pass an order of stay of operation of the order dt.26.04.2017 in suo-moto A.A.No.3/1992 on the file of the 2nd respondent pending disposal of the application to set aside the same.
WP.No.28763 of 2013:
1 G.Gopal .. Petitioner Vs
1 The State Rep. By Its Principal Secretary Tourism Culture And Religious Endowment Department Secretariat Chennai-9 2 The Commissioner Hindu Religious And Charitable Endowment Department Uthamar Gandhi Salai Nungambakkam Chennai-34
3 The Joint Commissioner (Chennai) Hindu Religious And Charitable Endowment Department Uthamar Gandhi Salai Nungambakkam Chennai-34
4 S.Muthu Senior Trustee Sri Muthukumarasamy Devasthanam Alias ArulmighuKanthasamyThirukoil
44 Rasappa Chetty Street Park Town Chennai-3 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus directing the 1st respondent to dispose of the Miscellaneous Petition dated 25.4.2013 filed by the petitioner within the time stipulated by this Court.
| W.P.No. | For Petitioner | For Respondent (s) |
| 23560 of 2014 | Mr.K.Mohanamurali | Mr.M.Karthikeyan, Spl.G.P. – R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 Mr.M.Rajamani – R4 |
| 30371 of 2015 | Mr.Shanmugam | Mr.M.Karthikeyan, Spl.G.P. – R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 |
| 29658 of 2013 | Mr.P.Shanmugam | Mr.M.Karthikeyan, Spl.G.P. – R1 Mr.K.Mohanamurali – R2 to R4 |
| 29659 of 2013 | Mr.P.Shanmugam | Mr.M.Karthikeyan, Spl.G.P. – R1 Mr.K.Mohanamurali – R2 to R4 |
| 18068 of 2014 | Mr.L.Chandrakumar | Mr.M.Karthikeyan, Spl.G.P. – R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 |
| 2301 of 2016 | Mr.Mohanamurali | Mr.M.Karthikeyan, Spl.G.P. – R1 R2 & R4 |
| Mr.A.K.Sriram – R3 | ||
| 27681 of 2014 | Mr.S.V.Jayaraman, Senior Counsel For Mr.N.Umapathi | Mr.M.Karthikeyan, Spl.G.P. – R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 & R4 |
| 28763 of 2013 | Mr.N.Velmurugan | Mr.M.Karthikeyan, Spl.G.P. – R1 to R3 Mr.K.Mohanamurali – R4 |
| 3527 of 2014 | Mr.R.Shanmugam | Mr.M.Karthikeyan, Spl.G.P. – R1 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R2 |
| 15151 of 2014 | Mr.Shanmugam | Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R1 |
| 17599 of 2014 | Mr.L.Chandrakumar | Mr.M.Karthikeyan, Spl.G.P. – R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 No appearance – R4 Mr.R.Shanmugam – R5 |
| 15026 of 2017 | Mr.K.Mohanamurali | Mr.M.Karthikeyan, Spl.G.P. – R1 R2 & R4 Mr.S.R.Rajagopal, |
| Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 | ||
| 34672 of 2013 | Mr.Shanmugam | Mr.M.Karthikeyan, Spl.G.P. – R1 to R3 Mr.S.V.Jayaram, Senior Counsel For Mr.J.Dhanasekar – R10 |
| 27522 of 2014 | Mr.K.Mohanamurali | Mr.M.Karthikeyan, Spl.G.P. – R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 |
| 27842 of 2014 | Mr.Mohanamurali | Mr.M.Karthikeyan, Spl.G.P. – R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 & R4 |
| A. Nos.4951 to 4957 of 2017 | Mr.K.Chandrasekaran | Mr.M.Karthikeyan, Special Government Pleader for R1 & R2 Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – R3 |
| A.No.3896 of 2017, A.No.3918 of 2017 & O.A. No.711 of 2017 | Mr.K.Mohanamurali | Mr.S.R.Rajagopal, Addl. Advocate General Assisted by Mr.R.Bharanidharan – |
R3 Mr.M.Karthikeyan, Special Government Pleader for R1, R2 &
R4 A.No.9748 of2018:
1.Kanthakotta AyiraVysiyaberiChettiar SamoogaMunnetra Sangam Registered Society registered under the Tamil Nadu Societies Reg. Act 1975 Sl.no.335/2017 rep.by its joint secretary
2.P.S.Rudhra Kumar
3A.B.Srinivasan …. Applicants Vs
1.Sri Muthukumaraswamy Devasthanam Popularly known as Kanthakottam Temple Rep.by EO/Fit Person appointed by HR & CE Department Park Town Chennai 600 003
2.Sri Muthukumaraswamy Arts and Science College Kodungaiyur, Chennai 118 Rep.by its Correspondent
3.Sri Muthukumaraswamy Devasthanam Sri Venugopal Chettiar Primary and Higher Secondary School Rolters Street, Chennai 12 Rep.by its Correspondent
4.Sri Muthukumarswamy Devasthanam Hindu Primary and Higher Secondary School Rep.by its Correspondent Chennai 03
5.Sri Muthukumarswamy Devasthanam Hindu Primary School No.4 Subbu Street Park Town Chennai Rep.by its Correspondent
6.Kannabiran Padmavathi AmmalPrimary School Chennai Rep.by its Correspondent
7. SMK Vidhyashram CBSE Plot No.92/1 and 9 8th Block Chennai rep. by its Correspondent
8.P.K.Krishnamurthy 9.P.K.Krishnamurthy
10.P.Ekambaram
11.R.Vivekananthan
12.R.Lakshmanaswamy
13.K.Elangovan
14.P.E.Ramachandran
15.Sree Muthukumaraswamy Educational Society Rep.by its President Chennai 03. .. Respondents Prayer: Application filed to appoint a Receiver/Administrator to take over the administration of the educational institutions namely Defendants 2 to 7 and conferring the receiver with all powers of administration essential for running and administering the said educational institutions pending disposal of the suit.
AND W.P. No.5293 of 2017 Sri Muthukumarasamy Devasthanam Popularly known as KandhakottamTemple Chennai-3 Rep. by its Fit Person/
Assistant Commissioner HR & CE Department Chennai. …. Petitioners Vs
1.The Inspector General of Registration Department of Registration Santhome High Road Santhome Chennai-28.
2.The Registrar of Societies (District Registrar) North Chennai Department of Registration First Line Beach Road Chennai-1.
3.Sree Muthukumarasamy Educational Society Rep. by its President P.
Ekambaram Having its Office at No.212 Mint Street, Chennai-3.
4.C.S.Parthasarathy
5.P.Uvaraja Sundaram (R4 &R5 impleaded vide order dated 26.04.2021 Made in WMP.No.18685/2020 in WP.5293/2017 …. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certioraricalling for the records comprised in Proceedings No.2104/E/2008 dated 25.3.2010 merging Sri Muthukumarasamy Devasthanam Educational Society with Registration No.319/79 with SreeMuthukumarasamy Educational Society with Registration No.338/08 on the file of the second respondent quash the same and consequently direct the third respondent society to handover the Management Administration as well as the properties of the Educational Institutions to the petitioner Temple Administration.
For Petitioner : Mr.R.Bharanidharanin WP.5293/2018 Mr.L.Chandrasekaran in A. No.9748 of 2018& C.S. No.837 of 2018 For Respondents : Mr.NRR.Arun Natarajan (in WP.5293/2018)
Government Advocate (for R1 & R2) and R1 in A. No.9748 of 2018 &
C.S. No.837 of 2018 Mr.P.J.Rishikesh for R4 & R5 in W.P. No.5293/2018 Mr.SatishParasaran, Senior Counsel for Mr.R.Parthasarathyfor R3 in W.P.No.5293 of 2018 and R2 to R10 A. No.9748 of 2018& C.S. No.837 of 2018 Mr.M.Sankar&Mr.K.Satishkumar for R13 in A. No.9748 of 2018 & C.S. No.837 of 2018 Mr.P.K.SivasubramaniamforR14 in A. No.9748 of 2018& C.S. No.837 of 2018 Mr.K.Vijayaraghavan for R11, R12, R15in A. No.9748 of 2018 & C.S. No.837 of 2018
C O M M O N O R D E R
The Kandakottam Temple contains a stone encryption, as per which one, VelurMarichettiar, along with his friend KandappaAchari had been returning from Thiruporur on a Karthigai day in the year 1683, i.e., 1519- Salivahana, 4774 – Kaliyugathi. They had stopped to rest enroute and had fallen asleep when Lord Murugan is said to have appeared in their dream, conveying to them that his idol could be found close by.
2.They were instructed to find the idol and consecrate the same at Madras. In accordance with the diktat, both Marichettiar and KandappaAchari searched for and located the idol. Marichettiar purchased a piece of land, constructed a temple and consecrated the idol of Shri Muthukumaraswamy in what has come to referred to over the years as KandaKottam (in short and hereinafter referred to as ‘temple’). He was a member of the Beri Chetty community, a sub-sect of the Vysya community, (in short and hereinafter referred to as ‘community’) many of whom who are disciples of Sri Abinava Dharma Sivachariar.
3.He called for a meeting of members of the community and instructed them that the temple should be managed by the community, who should take charge of it and conduct all poojas and rituals regularly. 180 years later, the original brick and mortar construction was replaced with granite. The temple has thus been in existence since 1673 for more than 350 years. Unfortunately, for the last 100 years, the temple has been mired in rampant litigation.
4.C.S.No.117 of 1907 was filed by a group of persons belonging to the Beri Chetty community seeking formulation of a scheme for management of the temple in terms of Section 92 of the Civil Procedure Code 1908 (in short ‘CPC’). A scheme came to be framed on 12.01.1910, which provided for the governance of the temple including the mode of conduct of election for constitution of the Board of Trustees.
5.Four Dharmakarthas were to be elected by voters from the register maintained by members of the Beri Chetty community, who were to hold office for a period of five years. The scheme reads as follows:
1. The Board of Dharmakarthas shall consist of four Dharmakarthas who shall be elected by voters whose names appear in the register to be maintained by the Dharmakartha as hereinafter provided.
2.The Dharmakarthas for the time being shall maintain a register in which shall be included in the name of in full with his occupation and residence of every adult member of the Beri Chetty caste residing within the limits of the City of Madras and being a follower of Sri Abinava Dharma Sivachariar and who shall have submitted a written application to the Dharmakarthas accompanied by an enrolment fee of eight annas asking that his name with occupation and residence may be entered in such register and only those members of the Beri Chetty community whose names appear in such register shall be entitled to vote for the election of Dharmakarthas.
3.The register of voters shall be revised in December of each year by striking out the names of such voters as may have dies prior to that date and by including the names of such voters as may have applied for enrolment before the 30th of November. Copies of the List of such voters shall be made available for inspection by all members of the community at the office of the Dharmakarthas in the Temple precincts and printed copies thereof shall be furnished by the Dharmakartha on payment of a fee of eight annas per copy.
4. No person shall be eligible to be a Dharmakartha unless he is himself a registered voter and unless his name shall have been included in the authorized list of voters of the Madras Municipality published by the corporation of Madras for the current municipal year and he shall not be an undischarged insolvent or a person convicted and sentenced to imprisonment for a no- compoundable offence.
5.The Dharmakartha shall hold office for a period of five years but shall be eligible for re-election. This shall not apply to the 1st defendant, the
