The court upheld the right of succession for hereditary trustees during temporary vacancies while directing prompt administrative actions.

Order

The Writ Petition is filed challenging the impugned order of the 2^nd respondent wherein the petitioners, who are the hereditary trustees of Arulmighu Vengaraiamman Temple, was temporarily suspended and appointed the 4^th respondent as Fit Person.

2. The case of the petitioners is that they are the hereditary trustee of Arulmighu Vengaraiamman Temple situated in Vengarai Village, Paramathi Vellore Taluk, Namakkal District and thereby managed the affairs of the temple. While being so, on several false allegations of certain villagers against the petitioners, the 3^rd respondent forced the petitioners to pass a resolution for appointment of an Executive Officer. The Executive Officer was also appointed on 09.03.2020, which was challenged in W.P.NO.13693 and 2020 and it is pending.

3. That being the position, based on the false allegations, the 2^nd respondent has initiated disciplinary proceedings against the petitioners under Section 53(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. On enquiry, the petitioners were placed under temporary suspension by impugned order dated 11.09.2020 and vide the very same impugned order, the 2^nd respondent also appointed the 4^th respondent as Fit Person. Aggrieved by the impugned order of suspension and the order of appointment of the 4^th respondent as Fit person, the petitioners are before this Court.

4. The learned counsel for the petitioners submitted that under Section

54(2) of the Act, if a temporary vacancy arises in the office of the Hereditary Trustee by reason of suspension, the next in line of succession shall be entitled to succeed and perform the functions of the Trustee. However, the 2^nd respondent without following the process of law, had appointed 4^th respondent as Fit Person, which is bad for non consideration of the persons next in line of succession.

5. He further submitted that though an enquiry was conducted and the petitioner was placed under temporary suspension, it has not proceeded further and still pending.

6. The learned Special Government Pleader (HR&CE) appearing for respondents submitted that the petitioners have been placed under suspension for alleged maladministration and misappropriation of temple funds and they can disprove their allegations by participating in their enquiry. Due to bifurcation, the enquiry process was delayed. Further it is submitted that in WP.No.13693 of 2020, which was filed challenging the appointment of the Executive Officer, this Court directed the next person in line of succession to make application and directed the respondents 1 and 2 to pass necessary orders on the said application for handing over the administration of the temple to the next person in line. Pursuant to the order of this Court, the concerned person made application vide MP.NO.7 of 2023, on the file of the Joint Commissioner, Erode, for handing over the administration of the temple. Hence, this Court may issue direction to the Joint Commissioner, Erode, to pass suitable orders on the said application. Further this Court may also issue direction to the respondents to conclude the disciplinary proceedings against the petitioners.

7. This Court has considered the rival submissions and also perused the materials available on record.

8. It is not in dispute that as on today the petitioners are under suspension on the allegation of mis-management. As per law, the next person in the line of succession is entitled to act as hereditary Trustee in the temporary vacancy created by suspension of petitioners. It is informed that the next person in line also made an application before the Joint Commissioner, which is pending. Therefore, this Court considering the facts and circumstances of the case, issues direction to the Joint Commissioner, Erode, to pass appropriate orders on the