P.Bhaskar v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.10437 and 10438 of 2025 P.Bhaskar .. Petitioner vs 1.The Principal Secretary, Department of Culture & Tourism, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The District Collector, Coimbatore District, Coimbatore.
3.The Commissioner, Hindu Religious & Charitable Endowments Department (HR & CE), No.119, Nungambakkam, Chennai-600 034.
4.The Executive Officer, Arulmighu Masani Amman Temple, Pollachi, Coimbatore.
.. Respondents Prayer : Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records made on the file of the impugned order dated 24.12.2024, vide G.O.Ms.No.535 issued and passed by the first respondent vide Principal Secretary, Department of Tourism, Government of Tamil Nadu and quash the same as illegal, void and unconstitutional and made against Section 36, 36A, 36B, 66, 66(1) of the Hindu Religious and Charitable Endowment Act and ultra vires and contrary to the well settled proposition of law made final by this Court in W.P.No.19084 of 2024, vide order dated 09.01.2025 (reported in 2025(2) CTC 1.
For Petitioner : Mr.B.Jagannath For Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.K.Karthikeyan Govt. Advocate (HR & CE) for respondent Nos.1 and 3 : Mr.A.Edwin Prabakar State Government Pleader for respondent No.2 : Mr.A.K.Sriram Senior Counsel for Mr.R.Bharanidharan for respondent No.4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Mentioned out of turn at the request of Shri Jagannath to make out a case for urgent circulation this morning.
2. The grievance raised was surplus funds of a temple in Pollachi are proposed to be utilized to construct a resort in Ooty. Shri Jagannath, relying on a judgment of this Court in the case of P.Bhaskar v. The District Collector, Chengalpattu1, states that surplus funds can be used only for the purpose it is mentioned in the Act.
3. Shri Ravindran, learned Additional Advocate General, states that the Government Order dated 24.12.2024, which prompted petitioner to approach this court, incorrectly uses the word "Resort". Shri Ravindran states that the Government Order will be withdrawn and a fresh Government Order will be issued.
In view of the statement made by Shri Ravindran, which is accepted 2025 (2) CTC 1
as an undertaking to this Court, petition is disposed of. There shall be no order as to costs. Interim applications stand closed. All rights and contentions are kept open. We make it clear that we have not gone into the merits of the matter.
(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 14.03.2025 Index :
Yes/No NC :
Yes/No bbr To 1.The Principal Secretary, Department of Culture & Tourism, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The District Collector, Coimbatore District, Coimbatore.
3.The Commissioner, Hindu Religious & Charitable Endowments Department (HR & CE), No.119, Nungambakkam, Chennai-600 034.
4.The Executive Officer, Arulmighu Masani Amman Temple, Pollachi, Coimbatore.
THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J.
bbr 14.03.2025