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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)Nos.17717 of 2020, 1, 370, 1434, 1806 of 2021 and WMP(MD)Nos.14804 & 14806 of 2020, 1, 2, 3, 288, 290, 1223, 1225, 1541 & 1542 of 2021 in WP(MD)No.17717 of 2020 :

11 Oor 24 Manai Sri Santhakula Sowmiya Narayana Kavaraya Samooha Nala Sangam, 234, Gandhi Road, Palani, Rep.by its President R.Rajaram ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, B-1 Road, Ellis Nagar, Madurai – 625 016.

2.The Executive Officer, Arulmighu Gopinathasamy Temple, Reddiarchatram, Dindigul West Taluk, Dindigul District.

3.The Fit Person, Arulmigu Santha Kula Sowmiya Narayana Kavaraya Kattalai, Palani,Palani Tk,Dindigul District. ...Respondents Prayer : Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned list of the 3rd respondent for conducting Executive Committee Meeting for election of trustees on 03/12/2020 uploaded in the website www.sksngkattalaipalani.org on 01/12/2020 and quash the same as illegal and consequently direct the 3rd respondent to collect the proper Executive Committee members list from the concerned 11 village office bearers as per the order passed by this Honble Court on 28/08/2020 in WP(MD)No.8164/2020.

For Petitioner : Mr.R.R.Kannan For Respondents : Mr.K.P.Narayanakumar Special Government Pleader for R1 Mr.A.K.Baskarapandian for R2 and R3.

In WP(MD)No. 1/ 2021 Ramasamy.M S/o. Marutha Nayudu, GB Member, Arulmigu Santha Kula Sowmiya Narayana Kavaraya Kattalai, Palani, Dindigul District Res. At. 19, Tasildhar Nagar, Sathamangalam ,Madurai-20.

... Petitioner - Vs. -

1. The Joint Commissioner H.R. and C.E.Department, Madurai

2. The Joint Commissioner H.R. and C.E.Department, Dindigul

3. The Inspector H.R. and C.E.Department, Palani Dindigul District

4.The Fit Person Arulmigu Santha Kula Sowmiya Narayana Kavaraya Kattalai, Palani/

The Executive Officer, Arulmigu Gopinathaswami Thirukovil, Reddiyarchathiram, Dindigul District

5. R.Senthilkumar 6. V.Balakrishnan

7. M.Arumugam ... Respondents Prayer in WP(MD)No. 1/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records of the 3rd respondent in his proceedings in Na.Ka.No.130/2020 dt. 30.12.2020 quash the same as illegal and pass such further or other order as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

FOR PETITIONER : MR.MANICKAM. A.K FOR RESPONDENT : K.P.NARAYANAKUMAR SPL.GP FOR R1 TO R3 MR. G.PRABHURAJADURAI FOR R7 MR.BASKARA PANDIAN FOR R4 MR.VEERAKATHIRAVAN SR.COUNSEL FOR VEERA ASSOCIATES FOR R6 In WP(MD)No. 370/ 2021 Salvaraj. M.K. ... Petitioner - Vs. -

1.The Joint Commissioner Hindu Religious and Charitable Endowments Department, B1 Road, Ellis Nagar, Madurai 625 016

2.The Fit Person Arulmigu Santhakula Sowmya, Narayana Kavaraya Kattalai, Palani, Palani Taluk, Palani District

3.The Executive Officer Arulmighu Gopinathasamy Temple, Reddiarchatram, Dindigul West Taluk, Dindigul District

4.The Inspector Hindu Religious and Charitable Endowments, Palani, Palani Taluk, Dindigul District

5.V.Balakrishnan

6. M.Arumugam ... Respondents Prayer in WP(MD). 370/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of certiorarified mandamus or any other appropriate writ or order or direction in the nature of writ calling for the records of the impugned order passed by the 1st respondent in his Proceedings Se.Mu.Na.Ka.No.6093 of 2020 A1 dated 15.12.2020 and quash the same as illegal and consequently direct the 1st respondent to pass order by declaring the petitioner as the trustee of Arulmigu Santhakula Sowmya Narayana Kavaraya Kattalai, Palani as per the election conducted on 03.12.2020 and as per the order passed by this Honble Court on 28.08.2020 in WP(MD).No.8164 of 2020.

FOR PETITIONER : M/S.GUHASEELARUPAN. C FOR RESPONDENTS : MR.BASKARPANDIYAN.A.K. FOR R2 & R3 MR.K.P.NARAYANAKUMAR FOR R1 & R4 MR.VEERAKATHIRAVAN SR.COUNSEL FOR R5 MR. G.PRABHURAJADURAI FOR R6 In WP(MD). 1434/ 2021

11 Oor 24 Manai Sri Santhakula Sowmiya, Narayana Kavaraya Naicker Samooha Nala Sangam, 234 Gandhi Road Palani Represented by its President R.Rajaram S/o. Rengaraj Naidu No.6 Nethaji Road,Shanmugapuram,Palani, Dindigul District ... Petitioner(s) in WP(MD). 1434/ 2021 - Vs. -

1.The Joint Commissioner Hindu Religious and Charitable Endowments Department Plot No.49 M.R.S Nagar Mullipadi Village, Seelapaddi Post, Dindigul East Tk. Dindigul

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department B-1 Road Ellis Nagar Madurai-625 016

3. V.Balakrishnan Chairman Board of Trustees, Arulmigu Santha Kula Sowmya Narayana Kavaraya Kattalai, Palani Palani Taluk Dindigul District-624 601 ... Respondents Prayer in WP(MD). 1434/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Certiorarified Mandamus or any other appropriate Writ or Order or Direction in the nature of Writ calling for the records of the impugned order of the 3rd respondent dated 13.1.2021 and consequently direct the 2nd respondent to conduct the Thai Poosam Festival on 28.01.2021 by the 2nd respondent Department in Arulmigu Santha Kula Sowmya Narayana Kavaraya Kattalai situated at Palani.

FOR PETITIONER : M/S.KANNAN.R.R FOR RESPONDENTS : M.R.K.P.NARAYANAKUMAR SPECIAL GOVERNMENT PLEADER FOR R1 & R2 MR.VEERAKATHIRAVAN SR.COUNSEL FOR VEERA ASSOCIATES FOR R3 In WP(MD). 1806/ 2021

11 Oor 24 Manai Sri Santhakula Sowmiya, Narayanan Kavaraya Naicker Madurai Uravinmurai Sangam, 81, North Veli Street , Simmakkal , Madurai - 625001, Rep by its Chairman M.Ramasamy ... Petitioner - Vs. -

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department , B-1 Road, Ellis Nagar, Madurai - 625016.

2. The Executive Officer Arulmighu Gopinathasamy Temple, Reddiarchatram , Dindigul West Taluk, Dindigul District.

3. The Fit Person , Arulmigu Santhakula Sowmya Narayana Kavaraya Kattalai, Palani ,. Palani Taluk, Now Office at Executive Officer, Arulmighu Gopinathasamy Temple , Red

4. The Inspector Hindu Religious and Charitable Endowments Department , Palani , Palani Taluk, Dindigul District .

5. V.Balakrishnan S/o.M.Rengasamy , Door No. 8/8(2), Erumakkara Street , Palani , Dindigul District - 624601

6. The Joint Commissioner Hindu Religious and Charitable Endowments Department , Plot No. 49, M.R.S.Nagar , Mullipadi Village , Seelapaadi Post , Dindigul East Taluk, Dindigul ... Respondents Prayer in WP(MD). 1806/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus or any other appropriate Writ or Order or Direction in the nature of Writ calling for the records of the impugned order passed by the 1st respondent in his proceedings Se.Mu.Na.Ka.6093/2020 Aa1 dated 15/12/2020 and quash the same as illegal and consequently directing the 1st respondent to remove the 5th respondent from the post of trustee of Arulmigu Santhakula Sowmya Narayana Kavaraya kattalai situated at Palani as per the representation of the petitioner dated 05/01/2021.

FOR PETITIOINER : C.GUHASEELARUPAN FOR RESPONDENT : MR.K.P.NARAYANAKUMAR SPECIAL GOVERNMENT PLEADER FOR R1, R4 & R6 MR.BASKARA PANDIAN FOR R2 & R3 MR.VEERAKATHIRAVAN SR.COUNSEL FOR VEERA ASSOCIATES FOR R5

ORDER

Heard the learned counsel on either side.

2.The case on hand pertains to the election held for appointing the trustees of Santhakula Sowmiya Narayana Kavaraya Samooha Nala Sangam. The election was triggered by the order dated 28.08.2020 passed by this Court in a batch of writ petitions. Vide order dated 27.05.2019, the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai appointed fit person for the said endowment. Challenging the same, WP(MD)Nos.13012 of 2019 & 14561 of 2019 were filed. One Parasuraman filed WP(MD)No.8164 of 2020. There is no dispute that administration of the endowment is governed by a statutory scheme. Originally, such a scheme was framed in O.A No.336 of 1939. It was later modified vide order dated 25.04.1986 in O.A No.43 of 1984. Clause 4 and 5 of the modified scheme read as follows :

“4.The Santhakula Sowmia Narayana Kavaraya Community Endowments shall be administered by 3 trustees appointed by the appropriate authority of HR&CE Dept., having jurisdiction over the place of endowments office.

5.The members of Santhakula Sowmia Narayana Kavaraya Community shall elect 3 persons from amongst them and submit to the Department for appointment as such trustees. The term of office of the said Trustees will be for 3 years. The trustees so elected shall elect a Chairman amongst them who will transact business as per rules framed under Section 47 and 48 of https://hcservices.ecourts.gov.in/h2cs2erv iceos/f 1959. The trustees shall have all powers, rights, duties and honours conferred or imposed on them by the Act and Rules framed thereunder. The Chairman shall call for the General body meeting, one month before the expiry of the term of Board.”

3.I directed the fit person appointed by the HR&CE to prepare the list of general body members and hold the election in terms of the said scheme and the settled practice. Pursuant to the direction given by this Court, the fit person published the list of 60 members constituting the general body in the website of the department. This was done on 02.11.2020. Objections were also invited. After considering the objections, the names of two persons were deleted. Thereafter, election was held on 03.12.2020 at Marutham Mahal, Palani. There is no dispute that only five persons submitted their nominations. They are, namely, J.P.Mohandoss, M.Arumugam, V.Balakrishnan, Senthilkumar and M.K.Salvaraj. Thiru.Arumugam did not affix his signature in the declaration form. Therefore, his name came to be rejected. The name of Thiru.J.P.Mohandoss was also rejected for the reason that the community certificate enclosed by him along with the nomination form was defective. Thus, as against the vacancy for three posts, there were three candidates. They were originally elected. In the minutes book, this was duly recorded. In fact, Thiru.Guhaseelarooban, the learned counsel for two of the petitioners would state that on the said date the three successful candidates were garlanded and that they were felicitated. It was also videographed. Since Clause III of the modified scheme talks of appointment of trustees by the Joint Commissioner, the fit person rightly forwarded the minutes for consideration to the Joint Commissioner, HR&CE, Madurai.

4.The learned counsel for Mr.Arumugam pointed out that the community certificate enclosed by Thiru.M.K.Salvaraj shows that he belongs to Yadhava community. Therefore, the candidature of M.K.Salvaraj was asked to be struck off. This objection was communicated to M.K.Salvaraj and after getting his reply, the fit person struck off his name from the list of trustees. Thereafter, the names of only two candidates, namely, Balakrishnan and Senthilkumar were forwarded by the fit person for consideration of the Joint Commissioner, HR&CE, Madurai.

5.At this juncture, Thiru.Arumugam submitted a representation to the Joint Commissioner, HR&CE, Madurai pointing out that his application came to be rejected only on a technical ground and that therefore,

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