Arulmighu Vangeeswarar Alagar Perumal And Nagathamman Devasthanam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MS.JUSTICE R.N.MANJULA W.A.No.362 of 2020 and C.M.P.No.6046 of 2020 Arulmighu Vengeeswarar Alagar Perumal and Nagathamman Devasthanam, Rep. by its Hereditary Trustee, P.Chamundeeswari, Having its office at Temple Premises, Vadapalani, Chennai - 600 026.

.. Appellant Vs

1. The Commissioner Hindu Religious and Charitable Endowment Board, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner/Executive Officer, Arulmighu Vengeeswarar Alagar Perumal and Nagathamman Devasthanam, Office at: Arulmigu Vadapalani Andavar Temple, Vadapalani, Chennai 600 026.

.. Respondents Appeal filed under Clause 15 of Letters Patent against the order 20.12.2019 made in W.P.No.28960 of 2019. WP.28960 Of 2019 Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certorarified Mandamus, calling for the records of the 1st respondent pertaining to his order dated 06.09.2019 in his proceedings bearing No.Che.Mu.Na.Ka.No.51122/2016/L5 and quash the same and consequently forebear the respondents from interfering with the petitioner's Administration of the Arulmighu Vengeeswarar Alagar Perumal and Nagathamman Devasthanam.

For Appellant :

Mr.PL.Narayanan For Respondents :

Mr.D.Ravichander Government Counsel for R1 Mr.A.P.Sathyamurthy for R2

JUDGMENT

(Delivered by M.M.SUNDRESH, J.) This appeal has been preferred against the order of the learned Single Judge who went into the merits of the case while declining to interfere with the order of the appointment of the Executive Officer in view of Section 45(1) of the Hindu Religious and Charitable Endowments Act, while invoking the power under Section 21 of the Act.

2. Learned counsel appearing for the appellant, though made arguments on merit, we are not inclined to consider them in view of the existence of alternative remedy under Section 114 of the Hindu Religious and Charitable Endowments Act before the Government.

3. The appointment of Executive Officer has been made under Section 45(1) of the Act. For doing so, the Commissioner exercised the power under Section 21 of the Act. The power of the Commissioner under Section 21 of the Act would include the power to call for records of any Joint or Deputy or Assistant Commissioner or any trustee of a religious institution. In the case on hand, the Commissioner has exercised the said power on his own by appointing the Executive Officer. In such view of the matter, we are of the view that Section 114 of the Act can be invoked which provides power to the Government to call for the records.

4. In such view of the matter, the writ appeal stands disposed of giving liberty to the appellant to invoke Section 114 of the Hindu Religious and Charitable Endowments Act within a period of four weeks from the date of receipt of a copy of this judgment. In view of the above, the order of the learned single Judge along with the findings rendered stands set aside. As and when the aforesaid provision is invoked, the Government is expected to pass appropriate orders on merit without rejecting it on the ground of limitation. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mmi/ssm

Note: Registry is directed to return the original impugned order to the learned counsel for the appellant.

To

1. The Commissioner Hindu Religious and Charitable Endowment Board, Uthamar Gandhi Salai,Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner/Executive Officer, Arulmighu Vengeeswarar Alagar Perumal and Nagathamman Devasthanam, Office at: Arulmigu Vadapalani Andavar Temple, Vadapalani, Chennai 600 026.

+1cc to Special Government Pleader (HR & CE), S.R.No.30366. W.A.No.362 of 2020 LN(CO) PM(16/07/2021)