Trustee cannot be appointed without notice to other trustees.

(Appeal filed against the order dated 6.12.2005 passed in W.P.M.P.No.22463 of 2005 in W.P.No.20575 of 2005, dismissing the petition for interim direction.)

Common Judgment

W.A.No.2351 of 2005 is preferred against the order dismissing the interim direction petition filed by the appellant/petitioner herein seeking direction to the respondents to handover the charge of Arulmigu Sankaralinga Swamy Temple etc., Devasthanam, North Chokkar Street, Tenkasi to the appellant/petitioner.

2. W.A.No.2352 of 2005 is against the order in W.V.M.P.No.1553 of 2005, vacating the interim stay of operation of the order of the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai, appointing the 5th respondent herein as Executive Officer of Arulmigu Sankaralinga Swamy Temple etc., Devasthanam, Tenkasi.

3. As the writ appeals arise from the interim orders passed by the learned single Judge of this Court, this Bench directed to list the writ petitions also along with the writ appeals for final disposal.

4. The order in proceedings No.Na.Ka.No.31654/2002/L5, dated 17.3.2005 passed by the Commissioner of Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai – 34, appointing the 5th respondent herein as Executive Officer of Arulmigu Sankaralinga Swamy Temple etc., Devasthanam, North Chokkar Street, Tenkasi, is under challenge in W.P.No.14392 of 2005.

5. In W.P.No.20575 of 2005 petitioner seeks a direction to the respondents to hand over the charge of Arulmigu Sankaralinga Swamy Temple etc., Devasthanam, Tenkasi, to the petitioner and rest of the scheme Trustees.

6. The facts that are necessary for the disposal of the above writ petitions are as follows,

(a) The group of temples, namely (1) Arulmigu Sankaralinga Swamy Temple, North Chokkar Street, Tenkasi; (2) Arulmigu Tripura Sundari Ammal Temple, South Oppanai Street, Tenkasi; and (3) Arulmigu Vinayagar Temple, South Chokkar Street, Tenkasi, belong to Velakurichi Sengunda Mudaliar Community of Tenkasi Town and the said temples were established and maintained by the Velakurichi Sengunda Mudaliars themselves. The temples are managed by forming a Devasthanam in the name and style 'Arulmigu Sankaralinga Swamy Temple, etc., Devasthanam', which is in administration of the temples as per the scheme formed in the General Body held on 4.7.1943. For administration of the temple, five trustees, belonging to Velakurichi Senguntha Mudaliyar Community of Tenkasi Town, were elected. One K. Shanmughasundaram, the 6th respondent herein was appointed as Managing Trustee as well as President of the Community. Petitioner is also one of the elected trustee.

(b) The case of the petitioner is that the 6th respondent, instead of looking after the welfare of the temples, diverted the temple funds for his private purposes and appropriate accounts were not placed before the General Body and therefore rest of the trustees addressed a letter to the Managing Trustee/6th respondent herein, to convene a General Body meeting, but the same was not complied with. It is further alleged that the 6th respondent was acting detrimental and adverse to the interest of the temples and his activities were also against the interest of the community and therefore some of the community members filed a suit in O.S.No.21 of 2001 against all the Trustees on the file of the Sub Court for declaration, permanent injunction and for rendition of accounts and the said suit was transferred to the District Munsif Court, Tenkasi and renumbered as O.S.No.132 of 004 and the matter is still pending. It is further stated that the learned District Munsif in I.A.No.1775 of 2004 directed the 6th respondent to furnish the accounts as well as produce certain documents, which are in his custody.

(c) It is the further case of the petitioner that the 5th respondent instead of complying with the above direction and convening general body, had chosen to submit a representation to the second respondent alleging certain allegatio