The court found that the failure to implement an order for trustee elections under Tamilnadu Hindu Religious and Charitable Endowments Act 1959 requires legal heirs to pursue remedies.

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P No.32797 of 2022 N.Krishnan ...Petitioner Vs

1.The Commissioner Hindu Religious and Charitable Endowment Administration Department Uthamar Gandhi Road, Nungambakkam Chennai-600 034.

2.The Joint Commissioner/Enquiry Officer Hindu Religious and Charitable Endowment Administration Department Uthamar Gandhi Road, Nungambakkam Chennai-600 034.

3.The Assistant Commissioner Hindu Religious and Charitable Endowment Administration Department Uthamar Gandhi Road, Nungambakkam Chennai-600 034.

4.The Executive Officer Arulmigu Ellai Amman Pazhandi Amman Temple Mylapore, Chennai-600 004. ...Respondents PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to conduct elections as per the order passed in O.S No.509 of 1960 dated

23.12.1961 and appoint the trustees for the welfare of the temple.

For Petitioner : Mr.M.Maharaja For R1 to R3 : Mr.S.Ravichandran Additional Government Pleader For R4 : Mr.Surya for M/s.A.S.Kailasam & Associates

O R D E R

This writ petition has been filed, directing the 1st and 2nd respondents to conduct elections as per the order passed in O.S No.509 of 1960 dated

23.12.1961 and appoint the trustees for the welfare of the temple.

2. The learned counsel for the petitioner would submit that the petitioner filed this writ petition,directing the1st and 2nd respondents to conduct elections as per the order passed in O.S No.509 of 1960 dated 23.12.1961. However, already, Arulmigu Ellai Amman and Pazhandi Amman Temple, Nochikuppam Vazh Parambariya Meenava Makkal Nala Sangam, filed an application with the very same prayer in O.A No.4 of 2019 under Section 63(a), (d) and (g) of the Tamilnadu Hindu Religious and Charitable Endowments Act 1959 before the 2nd respondent and the 2nd respondent rejected the said application. However, no appeal was filed by the petitioner. Hence, the present writ petition is filed with the above said prayer.

3.. During the pendency of the writ petition, the petitioner died.

However, the grievance of the petitioner is that even after the order dated 23.12.1961 passed in O.S No.509 of 1960, wherein the HR & CE Department was directed to conduct elections to appoint the trustees of the temple, the same order has not been adhered and implemented.

4. In view of the above, Court is inclined to grant liberty to the legal heirs of the deceased petitioner to work out their remedy in the manner known to law.

5. Accordingly, this writ petition is disposed of. No costs.