IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.06.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.13815 of 2023 and W.M.P.Nos.13478 & 13485 of 2023 P.S.Bharanidharan S/o.P.C.Sridharan Naidu ...Petitioner Vs

1.State of Tamil Nadu represented by its Secretary, Tourism, Culture & Religious Endowments Department, Fort St.George, Chennai - 9.

2.The Commissioner, Hindu Religious & Endowments Department, 139, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

3.The Joint Commissioner - II, Hindu Religious & Charitable Endowments Department, R.K.Mutt Road, Mandaveli, Chennai - 600 004.

4.The Assistant Commissioner, Hindu Religious & Endowments Department, Padi, Chennai - 600 050.

5.The Executive Officer, Arulmighu Aathi Vyathi Hara Bhaktha Anjaneya Swamy Temple, Ram Nagar, Nanganallur, Chennai - 61.

6.Sri Maruthi Bhaktha Samajam Trust represented by its Trustee, R.Prabhakar, having office at No.1, 8th Street, Ram Nagar, Naganallur, Chennai - 600 061. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records culminating in issuance of impugned notification by the third respondent in Dhinamani dated 21.04.2023 bearing Ref.No.Se.Ma.Tho.Ee/398/Varaikalai/2023, quash the same as ultra vires to the provision of HR & CE Act.

For Petitioner : Mr.N.Alagunarayanan For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader [R1 to R5]

Mr.V.Srikanth [R6]

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O R D E R

This writ petition has been filed challenging the impugned notification issued by the third respondent in Dhinamani Newspaper dated 21.04.2023 calling for applications for appointment of non-hereditary trustees to the Arulmighu Aathi Vyathi Hara Bhaktha Anjaneya Swamy Temple situated at Naganallur, Chennai.

2. The petitioner has filed this writ petition in his capacity as the worshiper. According to the petitioner, the trust, which is running the temple had sought for exemption under certain provisions of the Act and those exemptions were also granted by the Government. The further case of the petitioner is that the trust was governed by a scheme pursuant to the order passed by the Joint Commissioner of Hindu Religious and Charitable Endowments Department [for brevity 'the Department'] in O.A.No.3 of 2018. As per the scheme, the appointment of non-hereditary trustees is dealt with in the following manner:

“5. The Non-hereditary trustees shall be duly appointed by the appropriate authority under the Act in the manner prescribed hereunder Not less than three and not more than five persons from among the members of the Society called the Sri Maruthi Bakthasamajam Trust, (Reg.No.53/1985) Ram Nagar, Nanganallur, Chennai – 61.”

3. The petitioner filed O.A.No.1 of 2023 before the Joint Commissioner seeking for modification of the scheme. This application was pending before the Joint Commissioner. At that point of time, the impugned notification was issued by the third respondent calling for applications to appoint non-hereditary trustees in line with the existing scheme. Aggrieved by the same, the present writ petition has been filed before this Court. 4. Heard Mr.N.Alagunarayanan, learned counsel for petitioner, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for respondents 1 to 5 and Mr.V.Srikanth, learned counsel appearing for the sixth respondent.

5. The main ground that was urged by learned counsel for petitioner is that Section 47(1)(c) of the Hindu Religious and Charitable Endowments Act [for brevity 'the Act'] provides as follows:

“47. Trustees and their number and term of offices. -

(1)(a) ....

(b) ....

(c) every Board of Trustees constituted under clause (a) or clause (b) shall consist of not less than three and not more than five persons, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes and another one shall be a woman;

Provided that the Government, the Commissioner, or the Joint Commissioner or the Deputy Commissione