K.Murthy Achari v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10652 of 2018 & W.M.P.Nos.12597 to 12599 of 2018 1.K.Murthy Achari Managing Trustee 2.D.Jagadeesan Achari Trustee 3.K.Yuvaraj Achari Trustee 4.R.Rajendra Kumar Achari Trustee 5.P.Panchatram Achari Trustee ..
Petitioners -vs1. The State of Tamil Nadu Rep. by Secretary to Government Tourism, Culture and Endowment Department Fort St. George, Secretariat Chennai - 600 009 2.The Commissioner Hindu Religious & Charitable Endowment Department Uttamar Gandhi Salai Nungambakkam Chennai - 600 034 3.The Joint Commissioner Chennai Circle Hindu Religious & Charitable Endowment Department Uttamar Gandhi Salai Nungambakkam Chennai - 600 034 ..
Respondents Petition under Article 226 of the Constitution of India,
praying for the issue of a Writ of Certiorarified Mandamus calling for the records relating to the order of the 1st respondent in G.O.(Ms) P No.48, Tourism, Culture and Endowment (A Ni3-1) Department dated 4.3.2016 and to quash the saem and consequently direct the respondents 1 to 3 to fix the term of office of the Board of Trustees as three (3) years s per the Scheme decree in C.S.No.62 of 1933 dated 25.09.1935 passed by this Court for Chennai Sri Kalikambal Kamadeswarar Devasthanam No.244, Thambu Chetty Street,Chennai - 600 001. For Petitioner ::
Mr.R.Gandhi Senior Counsel for Mr.M.Baskar For Respondents ::
Mr.M.Maharaja 1 to 3 Special Govt. Pleader (HR & CE)
ORDER
One Managing Trustee along with four trustees of Sri Kalikambal Kamadeswarar Devasthanam, Chennai have come to this Court questioning the correctness of the Government order in G.O.(Ms) P No.48, Tourism, Culture and Endowment (A Ni3-1) Department dated 4.3.2016 reducing the tenure of trusteeship, which has been passed against a scheme evolved by this Court in C.S.No.62 of 1933 dated 25.09.1935 wherein it has been mentioned that every Trustee appointed by the Court in the manner hereinafter provided shall hold office for a period of three years from the date of appointment and such trustee shall be eligible for re-appointment, provided he is otherwise qualified.
2. Mr.R.Gandhi, learned senior counsel appearing for the petitioner submitted that when the scheme has been evolved by this Court way back on 25.09.1935, the respondent cannot apply the provisions of the Hindu Religious and Charitable Endowments Act against the petitioner's temple, more so when the Court itself has evolved a scheme in the year 1935 and made it clear that the period of the office of Trusteeship shall be for a period of 3 years from the date of appointment, the first respondent cannot have any authority inasmuch as Section 47 of the Act also cannot be made applicable to the case of the petitioner. It is his further submission that a detailed representation has also been given to the first respondent along with a copy to the Hon'ble Minister, but till date the respondent has not shown any response.
3. At this stage Mr.M.Maharaja, learned Special Government
Pleader appearing for the respondent submitted that after the expiry of two years of the tenure, the petitioners have come to this Court. He has further submitted that the petitioners have given representation only to the Hon'ble Minister for Hindu Religious & Charitable Endowment Department with a copy to the first respondent, but no such detailed representation has been given to the Commissioner.
4. The said submission does not appeal to this Court. The reason is, as the impugned Government Order has been passed by the first respondent, the petitioners have given a representation dated 02.01.2018 to the first respondent. Therefore, before the expiry of the tenure on 18.05.2018, the first respondent is hereby directed to consider and pass appropriate orders on the representation given by the petitioners.
5. The learned Special Government Pleader submitted that the first respondent has no authority to appoint the Trustees and only on the proposal made by the Commissioner of Hindu Religious & Charitable Endowment Department, the first respondent has passed the impugned Government Order and therefore, the petitioners may be directed to give a detailed representation to the Commissioner of Hindu Religious & Charitable Endowment Department within a period of one week.
In view of the above submission, the petitioners are hereby directed to give a fresh representation or copy of the representation dated 02.01.2018 to the Commissioner, Hindu Religious & Charitable Endowment Department within a period of one week from the date of receipt of a copy of this order. On receipt of the representation from the petitioners, the the Commissioner shall consider the same and pass appropriate orders within a period of one week thereafter as the tenure of the trusteeship of the petitioner is going to expire on 18.05.2018. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To
1. The Secretary to Government Tourism, Culture and Endowment Department Fort St. George, Secretariat Chennai - 600 009
2.The Commissioner Hindu Religious & Charitable Endowment Department Uttamar Gandhi Salai Nungambakkam Chennai - 600 034 3.The Joint Commissioner Chennai Circle Hindu Religious & Charitable Endowment Department Uttamar Gandhi Salai Nungambakkam Chennai - 600 034 +1 cc to Mr.M.Baskar Advocate sr 31645 +1 cc to the Govt Pleader sr 32604 W.P.No.10652 of 2018 aa03/05/2018