Arun Varma Bavaji v. The Regional Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Arun Varma Bavaji .. Petitioner

Versus

The Regional Joint Commissioner, Hindu Religious and Charitable Endowments Department, (Opposite to New Cinema), Cuddalore - 607 001.

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to take up the representation of the petitioner, dated 18.11.2024 under Section 54(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 for recording his succession to the office of the hereditary trusteeship of Sri Byragi Mutt in Virudhachalam town on their records for conducting a fair enquiry as per the provisions of law to conduct an enquiry in a time bound 1/6

manner.

For Petitioner : Mr.R.Sudharsan For Respondent : Mr.K.Karthikeyan, Government Advocate (HR & CE)

ORDER

The prayer in the Writ Petition is to consider the representation of the petitioner, dated 18.11.2024 filed under Section 54(1) of the Tamil Nadu Religious and Charitable Endowments Act, 1959.

2. It is the case of the petitioner that the office of the trustee of Sri Byragi Mutt in Virudhachalam town devolves by the hereditary succession. His father was the hereditary trustee and after his demise, the petitioner is next in the line of succession and therefore, he claimed the hereditary trusteeship and as such, made the above application for formal recognition.

3. When the matter is taken up for hearing, Mr.K.Karthikeyan, the 2/6

learned Government Advocate (HR & CE) would submit that there are three rival claimants in respect of the very same Mutt and all the applications will be taken up together for enquiry and due orders will be passed if appropriate time is granted.

4. In view thereof, this Writ Petition is disposed of on the following terms:- (i) The application of the petitioner and such other persons, who claim hereditary trusteeship in respect of Sri Byragi Mutt, shall be taken up for enquiry in accordance with law and after due enquiry, final orders shall be passed in any event not later than six months from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order;

(ii) There shall be no order as to costs.

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grs To The Regional Joint Commissioner, Hindu Religious and Charitable Endowments Department, (Opposite to New Cinema), Cuddalore - 607 001.

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D.BHARATHA CHAKRAVARTHY, J.

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