K.Namachivayam v. The Additional Chief Secretary Of The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.NAMACHIVAYAM ... Petitioner Vs 1.
THE ADDITIONAL CHIEF SECRETARY OF THE GOVERNMENT, DEPARTMENT OF TOURISM CULTURE AND HINDU RELIGIOUS, SECRETARIAT, ST. GEORGE FORT, CHENNAI 009.
2.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, 119, UTHTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI - 600 034.
3.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, 119, UTHTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI- 600 034.
4.
THE TRUSTEES, ARULMIGU SUBRAMANIA SWAMY TEMPLE, SENGUNTHAN KOTTAM NO. 43, VA.SU MUTHALI STREET, SAIDAPETTAI, CHENNAI - 600 015.
5.
THE THAKKAR ARULMIGU SUBRAMANIA SWAMY TEMPLE, SENGUNTHAN KOTTAM, NO.43, VA.SU MUTHALI STREET, SAIDAPETTAI, CHENNAI 600 015.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 to 6 appointment of inheritance of trustees in Arulmigu Sivasubramania Swamy Thirukovil based on the G.O.No 28 dated 23.01.2024 by considering the petitioner's representation dated 12.12.2024.
For Petitioner : Mr.V.Karthigairiya For R1 : Mr.S.Senthil Murugan Special Government Pleader For R2 to R5 : Mr.K.Karthikeyan, Government Advocate
ORDER
This writ petition is filed seeking a direction to the respondents 1 to 6 for the appointment of trustees on a hereditary basis to Arulmigu Sivasubramania Swamy Thirukovil, based on G.O.No.28 dated 23.01.2024 by considering the petitioner's representation dated 12.12.2024.
2. When the matter came up for admission, the learned Government Advocate appearing on behalf of the respondents 2 to 5, submitted that a scheme has already been framed in respect of the subject matter temple and according to the scheme, trustees are appointed on a non-hereditary basis and not on a hereditary basis and the vacancies are filled accordingly. Even the 2/5
petitioner was also one among the recommended candidates, however, he was not selected.
3. In view thereof, the petitioner claims in the affidavit filed along with this writ petition, as well as in the representation, that he should be appointed as a hereditary trustee. The petitioner seeks to claim otherwise, contrary to the scheme, that is not permissible. If he still wants to claim that only the scheme has to be altered, then he has to approach the appropriate scheme Court or the respondent authorities by way of appropriate application to change the scheme itself to a hereditary one.
4. With the said liberty preserved for the petitioner, this writ petition cannot be entertained and as such, the writ petition is disposed of. No costs. 21.02.2025 nsl To 1.
THE ADDITIONAL CHIEF SECRETARY OF THE GOVERNMENT, 3/5
DEPARTMENT OF TOURISM CULTURE AND HINDU RELIGIOUS, SECRETARIAT, ST. GEORGE FORT, CHENNAI 009.
2.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, 119, UTHTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI - 600 034.
3.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD, 119, UTHTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI- 600 034.
D.BHARATHA CHAKRAVARTHY, J.
4/5
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