K.Selvaraj v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos. 6687, 6689 & 6690 of 2025 K.SELVARAJ ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI- 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, PERUNDURAI ROAD, V CHATRAM , NGO COLONY, ERODE- 638 011.
3.
THE ASST. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL.
4.
N.PALANISAMY ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the proceedings of the third respondent, vide Proceedings No. Se.Mu.Na.Ka.No. 941 - 106/2023/A6, 1/5
dated 13.12.2023, quash the same and direct the third respondent to appoint a new Non- Hereditary Trustee for ARULMIGU RAMAPERUMAL NALLIYANNASAMY TEMPLE by following the procedure of Hindu Religious and Charitable Endowments Act, 1951. For Petitioner : Mr.M.G.Ramachandiran For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader
ORDER
This writ petition is filed to call for the proceedings of the third respondent, vide Proceedings No. Se.Mu.Na.Ka.No. 941 - 106/2023/A6, dated 13.12.2023, quash the same and direct the third respondent to appoint a new Non- Hereditary Trustee for ARULMIGU RAMAPERUMAL NALLIYANNASAMY TEMPLE by following the procedure of Hindu Religious and Charitable Endowments Act, 1951.
2. The grievance of the petitioner is that the fourth respondent has been appointed as a trustee of the Arulmigu Ramaperumal Nalliyannasamy Temple. The petitioner has made a complaint against the fourth respondent. It is the allegation of the petitioner that the fourth respondent was erstwhile pujari of a some other temple and he was dismissed due to misconduct. Therefore, the respondents ought not to have appointed him as a trustee. The 2/5
petitioner's second allegation is that when the HR & CE appointed him as a trustee for the temple, instead of acting in the best interests of the temple, the fourth respondent is acting on the behest of some other private trust who are not entitled to interfere in the affairs of the temple. The petitioner also alleges that the moneys are not properly accounted for.
3. This Court is not expressing any opinion on the allegations and in view of the nature of order that is going to be passed, the writ petition is disposed of at the admission stage itself without notice to the fourth respondent.
4. In view thereof, this writ petition is disposed of on the following terms:
(i) The third respondent shall conduct an enquiry on the complaint of the petitioner by issuing notice to both the petitioner and the fourth respondent. (ii) All the contentions of both the petitioner and the fourth respondent are kept open to be raised before the third respondent. The third respondent shall duly conduct the enquiry and pass orders in accordance with law in any event not later than a period of twelve weeks 3/5
from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of order.
(iii) Consequently, connected miscellaneous petitions are closed. No costs.
21.02.2025 nsl To 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI- 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, PERUNDURAI ROAD, V CHATRAM , NGO COLONY, ERODE- 638 011.
3.
THE ASST. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL.
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D.BHARATHA CHAKRAVARTHY, J.
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