G.Arasakumar v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.03.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.Nos.6358, 6359, 6361, 6362, 6366, 6368, 6370 & 6371 of 2023 1.G.Arasukumar 2.D.Mohankumar .. Petitioners in all W.Ps.
Versus
1.The Joint Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai - 600 034 2.The Assistant Commissioner Hindu Religious and Charitable Endowment Department Paadi, Chennai - 600 050 .. Respondents in all W.Ps.
Prayer in all Writ Petitions :
The Writ Petitions are filed under Article 226 of the Constitution of India, calling for the records relating to the impugned order dated 28.12.2022 made in Na.Ka.No.4270/2021/Aa2 issued by the 2nd respondent, quash the same and consequently forbear the respondents from interfering with the Thondai Mandala Aadisaiva Vellalar Communities right of administration of A/m.Kalasathamman Temple, Erukkancheri, Tondiarpet Taluk, Chennai District.
For Petitioner in all W.Ps. : Mr.N.Manokaran For Respondents in all W.Ps. : Mr.N.R.R.Arun Natarajan for R1 & 2 Special Government Pleader 1 / 5
COMMON ORDER The prayer as sought for in both the writ petitions are similar in nature and directed against the very same respondents, both the writ petitions are heard together and disposed of by common order.
2. These Writ Petitions have been filed challenging the impugned notice issued by the respondent inviting application for appointment of Non-heriditary trustees to the petitioners' temple.
3. The main challenge is made that without their being declaring the institution as religious institutions under Section 64 of the Hindu Religious and Charitable Endowment Act, the impugned notice has been issued.
4. The learned counsel for the petitioner would submit that the impugned notice is the second notice in respect of similar notice issued earlier. The Revision has already been filed and the same has not been taken on file. That apart, their claim filed under Section 64 (1) of the Act, as against which a Revision is also filed in O.A.No. 5 of 2009 and the same is pending before the first respondent / Joint Commissioner. Hence, it is the main challenge that without any decisions in the above O.A, the impugned notice ought not to have 2 / 5
been issued.
5. Mr.NRR.Arun Natarajan, learned Special Government Pleader takes notice for the respondents. According to him, from 1983 onwards, a fit person was appointed to manage the affairs of the temple and the petitioner has already filed revision challenging the similar notice dated 23.12.2022 in R.P.Nos.118 to 121 of 2023. Therefore, opposes this writ petition.
6. Heard both sides and perused the materials placed on record. This Court is of the view that as the petitioner had already challenged the similar notice dated 23.12.2022 in R.P.Nos.118 to 121 of 2023, inviting applications for appointment of hereditary trustees, this impugned notice can also be challenged by way of Revision. Be that, as it may, as the very impugned notice dated 28.12.2022 is similar to the earlier notice dated 23.12.2022, admittedly, the revision is already pending challenging the above earlier notice dated 23.12.2022. Hence, this Court is of the view that let the authorities decide the revision within a period of three months along with O.A.No. 5 of 2009 pending before the Joint Commissioner/first respondent. 3 / 5
7. Since, the above O.A., and Revisions are inter-connected and involving the rights of the parties, both should be decided within a period of three months from the date of receipt of a copy of this Order.
8. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 01.03.2023 : Yes/No Speaking/Non Speaking order : Yes/No Index : Yes/No dhk To 1.The Joint Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai - 600 034 2.The Assistant Commissioner Hindu Religious and Charitable Endowment Department Paadi, Chennai - 600 050 4 / 5
N.SATHISH KUMAR, J .
dhk W.P.Nos.6326, 6328, 6332 & 6333 of 2023 01.03.2023 (1⁄2) 5 / 5