IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.09.2022 CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.25247 of 2022 and W.M.P.Nos.24199 & 24200 of 2022

1.K.S.Ramanujam

2.K.Krishnan

3.P.B.Sampathkumar

4.Shanthi Rao ... Petitioners versus

1.State of Tamil Nadu, Represented by its Principal Secretary, Tourism, Culture and Religious Endowments Department, Tourism and Culture Department Secretariat, Chennai - 600 009.

2.Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandi Road, Chennai - 600 034.

3.Thakkar, Arulmigu Adikesava Perumal and Peyaazhvaar Temple, Mylapore, Chennai - 600 004.

4.Enquiry Officer, Additional Commissioner (Administration), Hindu Religious and Charitable Endowments, Chennai - 600 034. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records of the first respondent in G.O.Ms.No.194, Tourism, Culture and Religious Endowments Department, dated 08.08.2022 removing all the trustees of the temple from the office of trusteeship and quash the same as being unlawful, arbitrary, illegal and violative of petitioners' fundamental and statutory rights and principles of natural justice.

For Petitioners : Mr.Satish Parasaran Senior Advocate for Mr.R.Parthasarathy For Respondents : Mr.R.Shunmugasundaram Advocate General Assisted by Mr.N.R.R.Arun Natarajan Special Government Pleader (HR&CE)

O R D E R

This Writ Petition is filed for issuance of writ of certiorari to quash the impugned order dated 08.08.2022 passed by the first respondent in G.O.Ms.No.194, Tourism, Culture and Religious Endowments Department, removing the petitioners from Trusteeship.

2. The writ petitioners are Trustees of Arulmigu Adikesava Perumal and Peyaazhvaar Temple, Mylapore, which is an ancient Temple. It is admitted that the administration of the Temple is governed by the Scheme framed by this Court in C.S.No.593 of 1922 as modified later in O.S.A.No.43 of 1952. One Mr.N.C.Sridhar was appointed as the Managing Trustee and he is not a party in this Writ Petition. It is admitted that petitioners were appointed as Trustees on various dates. While the first petitioner was appointed on 10.03.2018, petitioners 2 and 3 were appointed on 09.02.2021 and the fourth petitioner was appointed on 09.05.2021. It is admitted that the Temple was listed under Section 46(iii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred to as “the Act”]. Stating that several complaints and allegations were received against the erstwhile Trustees, the first respondent framed charges against then Trustees. Pending charges against the erstwhile Trustees including the Managing Trustee, an order was also passed by the first respondent in G.O.(Ms)No.107 dated 06.08.2021, suspending all the then Trustees of the Temple under Section 53(4) of the Act. Thereafter, the said Government Order was withdrawn and a subsequent Government Order vide G.O.(Ms)No.118 dated 24.08.2021 was issued under Section 53(4) of the Act, suspending the petitioners herein from the Trusteeship. This order also was in contemplation of the proceedings initiated by way of fresh charges against the petitioners.

3. It is admitted that this Court granted an interim order of stay of operation of G.O.(Ms)No.118 dated 24.08.2021. The previous order vide G.O.(Ms) No.107 dated 06.08.2021 was also quashed by this Court in W.P.No.17570 of 2021 in so far as the writ petitioner, the Managing Trustee. Simultaneously, by letter dated 24.08.2021, the first respondent issued a charge memo containing 11 charges against the writ petitioners and the Managing Trustee, by name N.C.Sridhar. Challenging the order of suspension vide G.O.(Ms)No.118 dated 24.08.2021, the writ petitioners has filed C.M.A.No.2558 of 2021 and this Court passed an interim order on

08.09.2021, which is extracted for convenience:-

“12. In view of the fact that three out of the four appellants have been appointed as