IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

W.P.No.449 of 2014

and

M.P.Nos.1 & 2 of 2014

M/s. Sri Ram Samaj,

Rep. by its President,

47, Arya Gowda Road,

West Mambalam,

Chennai – 600 033.

..Petitioner

Vs.

1. The Commissioner,

Hindu Religious and Charitable Endowments Department,

34, Nungambakkam High Road,

Chennai – 600 034.

2. The Assistant Commissioner,

Hindu Religious and Charitable Endowments Department,

34, Nungambakkam High Road,

Chennai – 600 034.

3. The Thakkar / Executive Officer,

C/o. Arulmigu Balasubramania Swamy Tirukkoil,

Teynampet,

Chennai – 600 018.

4. M.V.Ramani

..Respondents

(R4 impleaded as per order of this Court

dated 02.11.2017made in M.P.No.1 of 2015

in W.P.No.449 of 2014)

Prayer: Writ Petition is filed under Article 226 of the

Constitution of India, praying for issuance of a Writ of

Certiorarified Mandamus, calling for the records of the second

respondent comprised in its proceedings in Na.Ka.No.1947/2012/A1

dated 31.12.2013 and quash the same as being without

jurisdiction, illegal, arbitrary and ultra vires the provisions

of the HR & CE Act and consequently forbear the respondents,

their officers, employees, subordinates, agents or any other

persons claiming and / or acting under the respondents from in

any manner interfering with the right of the petitioner in

carrying on the activities of the petitioner society.

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For Petitioner : Mr.Prahalad Bhat

for Mr.Satish Parasaran

For RR 1 & 2

: Mr.S.Yashwanth

Additional Government Pleader

For R3

: Mr.P.Willson Topaz

for Mr.A.S.Kailasam Associates

For R4

: No appearance

O R D E R

The petitioner has filed the present Writ Petition

challenging the impugned order dated 31.12.2013 of the 2^nd

respondent, by which the Fit Person is appointed for M/s. Sri

Ram Samaj.

2.According to the petitioner, M/s. Sri Ram Samaj is not a

temple and public are not worshipping in the Samaj. It is meant

only for members of the Samaj. The right of membership in the

petitioner society is not an automatic or vested right of any

person and so also the right of entry into the premises of the

petitioner society. A large size photographs of Lord Sri Rama,

Sri Lakshmana, Sri Sita and Sri Hanuman are installed in the

said Samaj and poojas are done only for the photographs. No

idols are kept and no poojas are conducted as per Agama Sastra.

During celebration of Sri Rama Navami, special prayers are

performed to the said photographs and Annadhanam is given on

that day by the petitioner Samaj. The petitioner society also

arranges special bhajan and lectures in order to propagate the

Hindu culture in general and Sri Ramayanam in particular. The

petitioner society also conducts various other functions in its

buildings such as Veda Parayanam and Homams on auspicious

occasions viz., Pradosham days, Gurupeyarchi and Sanipeyarchi,

Navarathri days and Maha Sandi Homam. These functions are

conducted in the nature of Homams and Vedha Parayanams and no

idol consecration and worship according to any Agama Sastra are

done. The respondents held that the said Samaj is a public

temple and appointment of Fit Person is necessary. Hence, the

petitioner has come out with the present Writ Petition for

setting aside the order of the 2^nd respondent and allowing the

Writ Petition.

3.The 4^th respondent filed counter affidavit and denied all

the averments made by the petitioner.

4.Mr.S.Yashwanth, learned Additional Government Pleader

appearing for the respondents 1 & 2 and the learned counsel

appearing for the 3^rd respondent separately contended that the

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petitioner Samaj is a public temple as per Section 6(20) of the

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

In the petitione