K.K.C.Singarachariyar, v. The Deputy Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.3046 of 2012 and MP.No.1 of 2012 K.K.C.Singarachariyar
...Petitioner
Vs.
1.The Deputy Commissioner Hindu Religious and Charitable Endowments Department Vellore.
2.The Assistant Commissioner/Executive Officer Arulmighu Lakshmi (Yoga) Narasimhaswamy Temple Sholinghur, Walaja Taluk, Vellore District - 631 102.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order of the second respondent made in Na.Ka.No.Nil/2012 dated 31.01.2012 and quash the same as arbitrary, illegal without jurisdiction and ultravires.
For Petitioner : Mr.D.Rajagopal For Respondents : Mrs.A.B.Reehana Begum for R1 Government Advocate (HR & CE) : Mr.A.K.Sriram for R2 for Mr.A.S.Kailasam & Associates
ORDER
The petitioner has challenged an order dated 31.01.2012 passed by the Assistant Commissioner calling upon the petitioner to remit a sum of Rs.10.00 lakhs as security deposit.
2. Without going into any other aspect of the aforesaid order, Mr.Sriram, who appears for R2 would concede to the position that such an order, if at all, could only be passed https://hcservices.ecourts.gov.in/hcservices/ Page numbers
by the Commissioner in terms of Section 10(c) of the Religious Institutions Custody of Jewels, Valuables and Documents and Disposal Rules, 1961 and thus the impugned order is bereft of jurisdiction.
3. In the light of the aforesaid fair submission, the impugned order dated 31.01.2012 is quashed and the Writ Petition is allowed. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sl To 1.The Deputy Commissioner Hindu Religious and Charitable Endowments Department Vellore.
2.The Assistant Commissioner/Executive Officer Arulmighu Lakshmi (Yoga) Narasimhaswamy Temple Sholinghur, Walaja Taluk, Vellore District - 631 102.
+1cc to Mr.D.Rajagopal, Advocate SR.4366 +1cc to Mr.A.S.Kailasam & Associates, SR.3929 +1cc to the Government Pleader SR.4469 W.P. No.3046 of 2012 and MP.No.1 of 2012 UM(CO) CB(12/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers