Swami Gnaneshwaranandha v. The Chief Secretary Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.3113 of 2020 & 7924 of 2024 Swami Gnaneshwaranandha, Treasurer, Sri Ramakrishna Ashramam and Trust, Pallapalayam Post, Irugur via., Coimbatore - 641 103.

...Petitioner

-Vs -

1. The Chief Secretary of Tamilnadu, St. George Fort, Secretariat, Chennai - 600 009.

2. The Commissioner, Hindu Religious Charitable Endowment, Mahatma Gandhi Road, Chennai - 34.

3. Sri Ramakrishna Tapovanam, Rep. by its President/Secretary, Thirutharaithurai Post, Trichy - 639 115.

4. Sri Sarada Niketan College for Women, Rep. by its Agent Sri Atmananda, Kanuvaipudur Post, Theevattipatti Road, Omalur Taluk, Salem District - 636 354.

5. Sri Sarada Niketan Samithi Trust, Rep. by its Agent Sri Atmananda, Admin Office at No.6-D, Jamalia Nagar, Otteri, Chennai - 600 012.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first and second respondents to appoint an executive officer/receiver for the entire properties and management of the Sri Ramakrishna Tapovanam and other management under the shelter of Sri Ramakrishna Tapovanam. For Petitioner : Mr.M.Thangarajan For Respondents For R1 : Mr.T.Chandrasekaran Special Government Pleader For R2 : Mr.S.Ravichandran Additional Government Pleader (HR&CE) For R3 : Mr.A.S.Balaji For R4 & R5 : Mr.K.R.Arun Shabari

ORDER

This writ petition has been filed for direction to direct the first and second respondents to appoint an executive officer/receiver for the entire properties and management of the Sri Ramakrishna Tapovanam and other management under the shelter of Sri Ramakrishna Tapovanam. 2.

Heard the learned counsel appearing on either side and

perused the materials placed before this Court. 3.

The learned Additional Government Pleader appearing for the second respondent submitted that if the third respondent is claimed to be a temple, the request made by the petitioner will be considered. 4.

At that juncture, the learned counsel appearing for the third respondent submitted that the third respondent viz., Sri Ramakrishna Tapovanam has been registered under the Societies Act. Therefore, it is not coming under the Hindu Religious and Charitable Endowment Board.

5.

Considering the above facts and circumstances, the request made by the petitioner cannot be considered by the respondents 1 & 2. The writ petition is devoid of merits and liable to be dismissed. However, the petitioner is at liberty to approach the civil Court for appropriate relief, if so advised.

6.

Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall

be no orders as to costs.

03.04.2024 Index : Yes/No Speaking/Non Speaking order rts

To

1. The Chief Secretary of Tamilnadu, St. George Fort, Secretariat, Chennai - 600 009.

2. The Commissioner, Hindu Religious Charitable Endowment, Mahatma Gandhi Road, Chennai - 34.

3. The President/Secretary, Sri Ramakrishna Tapovanam, Thirutharaithurai Post, Trichy - 639 115.

4. The Agent, Sri Sarada Niketan College for Women, Kanuvaipudur Post, Theevattipatti Road, Omalur Taluk, Salem District - 636 354.

5. The Agent, Sri Sarada Niketan Samithi Trust, Admin Office at No.6-D, Jamalia Nagar, Otteri, Chennai - 600 012.

G.K.ILANTHIRAIYAN. J, rts W.P.No.2687 of 2020 and W.M.P.Nos.3113 of 2020 & 7924 of 2024 03.04.2024