BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2022 CORAM THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD)No.461 of 2022 and W.M.P.(MD)No.364 of 2022 N.Lakshmanan ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Road, Nugambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirchy.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Trichy.

4. The Fit Person Appointee Cum Executive Officer, Arulmigu Sedal Mariamman Thirukovil, Beema Nagar, Trichy. ... Respondents PRAYER: This Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorari, calling for the records relating to the impugned order issued by the 3^rd respondent in Se.Mu.Na.Ka.No.2888/2016/A5 dated 30.11.2021 and the consequential proceedings dated 27.12.2021 issued by the 4^th respondent and quash the same as illegal and pass such further or other orders.

For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.A.Baskaran, Additional Govt. Pleader for R1 to R3 : Dr.C.Guhaseelarupan for R4

O R D E R

A public temple which goes by the name 'Arulmigu Venugopala Swamy Temple, Situate in Beema Nagar, Trichy' (hereinafter 'said temple' for the sake of convenience and clarity) is the subject matter of captioned writ petition and appointment of Executive Officer of Sedal Mariamman Thirukovil (also situate in Beema Nagar, Trichy) as Fit person (jf;fhh;) of said temple vide order dated 30.11.2021 bearing reference br.K.e.f.vz;.2888/2016/m5 made by the third respondent, consequential communication of fourth respondent dated 27.12.2021 and challenge to the same is the central theme of the captioned writ petition.

2. Mr.VR.Shanmuganathan, learned counsel for writ petitioner, Mr.A.Baskaran, learned Additional Government Pleader who accepted notice on behalf of respondents 1 to 3 and Dr.C.Guhaseelarupan, learned private counsel who accepted notice on behalf of fourth respondent (Executive Officer of Sedal Mariamman Thirukovil who has been appointed as Fit person of said temple) are before this virtual Court, with the consent of all the learned counsel, main writ petition is taken up and heard out.

3. Owing to the narrow compass on which the captioned matter turns, factual matrix in a nutshell will suffice. Short facts shorn of particulars which are not imperative for appreciating this order are that said temple is a public temple governed by 'The Tamil Nadu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959)' (hereinafter 'TN HR&CE Act' for the sake of convenience and clarity); that said temple is therefore under 'Tamil Nadu Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu' (hereinafter 'TN HR&CE Dept.' for the sake of convenience and clarity); that it is the case of the writ petitioner that said temple was constructed by his ancestors about 100 years ago; that writ petitioner moved the second respondent (jurisdictional Joint Commissioner of TN HR&CE Dept.) vide O.A.No.30 of 2016 under Section 63(b) of TN HR&CE Act with a prayer to declare the office of trusteeship of said temple as hereditary; that O.A.No.30 of 2016 came to be disposed of after full enquiry by the second respondent by an order dated https://hc1se5rv.ic0es7.ec.ou2rt0s.g2o0v.i;n/h csetrvhiceas/t the writ petitioner has carried the same in appeal by way of a statutory appeal under Section 69(1) of TN HR&CE Act vide A.P.No.25/2021/D2; that the statutory appeal is now pending on the file of first respondent (Commissioner of TN HR&CE Dept.); that under such circumstances, the third respondent (jurisdictional Assistant Commissioner of TN HR&CE Dept.) issued proceedings dated 30.11.2021 bearing reference nr.K.e.f.vz;.2888/2016/m5 appointing Executive Officer of Sedal Mariamman Thirukovil, Trichy as Fit person of said temple; that these proceedings were not served on the writ petitioner and t