V.Govindan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 2960 of 2023 and W.M.P.No.3064 of 2023 1.V.Govindan 2.V.Aravamudhan 3.V.Srinivasan .. Petitioners
Versus
1.The Commissioner Hindu religious & Endowment Board Nungambakkam Chennai - 600 034
2. The Joint Commissioner Hindu religious & Endowment Board Villupuram 3.Sri Lakshmi Narayana Perumal Srinivasaperumal Temple Rep by its Board of Heriditary Trustees N.S.Srinivasan No.46, Balakrishna Naicken Street Extension West Mambalam Chennai - 600 033 4.V.Narasimhan .. Respondents 1/6
Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent in his proceedings in D.Dis.R.P.No.338/2019 D2 dated 02.11.2022 and quash the order dated 02.11.2022 and consequently direct the respondent 1 and 2 appoint a fit person for Sri Lakshmi Narayana PerumalSrinivasa Perumal Temple, S.Navalpakkam Villae, Vandavasi Taluk, Tiruvannamalai District as per the Orders of the first respondent in O.Mu.No.24466/2017/H1 dated 23.10.2017.
For Petitioner : Mr.M.Sivavarthanan For Respondents : Mr.NRR.Arun Natarajan for R1 & 2 Special Government Pleader
ORDER
This Writ Petition has been filed challenging the order passed by the first respondent/Commissioner dismissing the revision filed by the petitioners and one Mr.N.S.Venkatachari in R.P.No.338/2019 D2 dated 02.11.2022.
2. The above Revision has been preferred by the petitioners that there are certain irregularities committed by the existing trustees from the period of 2/6
2016. Though several allegations have been pressed into service in the revision, the Commissioner/first respondent, on perusal of the allegations, found that the present Board of Trustees assumed office only in the year 2018. The allegations leveled by the petitioner is relating to the year 2016. The very first petitioner in the above revision petition was appointed as the Trustee from the period of 2011-2016 and the petitioner himself had not taken any action with regard to the alleged irregularities at the relevant point of time. Now, the contention of the learned counsel for the petitioner is that the trustees have been acting without seeking any declaration under Section 63 of the Act.
3. Further, it is the contention of the revision petitioner that he was not the trustee. The allegations pertains to the year 2011-2016 and the present trustee/fourth respondent took charge only in the year 2018 and the past trustees have not been made as a party in all these proceedings.
4. Such view of the matter, merely on the basis of certain allegations due to dispute between the trustees, this Court is of the view that the Orders 3/6
of the Commissioner cannot be interfered, merely on the basis of vague allegations without any materials.
5. Hence, I do not find any merits in the case and this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
02.02.2023 dhk Index : Yes / No Speaking Order : Yes / No To 1.The Commissioner Hindu religious & Endowment Board Nungambakkam Chennai - 600 034
2. The Joint Commissioner Hindu religious & Endowment Board Villupuram 4/6
N.SATHISH KUMAR, J.
dhk 5/6
02.02.2023 6/6