Rajalakshmi Aayal v. The Principal Secretary/Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.15888 of 2025 Rajalakshmi Aayal ..
Petitioner Vs.
1. The Principal Secretary/Commissioner Hindu Religious And Charitable Endowment, Nungambakkam High Road, Chennai-34
2. The Joint Commissioner Hindu Religious And Charitable Endowment, Aatrankarai Road, Cuddalore, Cuddalore District
3. The Assistant Commissioner Hindu Religious And Charitable Endowment, Ariyalur, Ariyalur District
4. The Executive Officer Arulmigu Oppillatha Amman Temple, Ariyalur Town, Ariyalur District
5. K.R.Durai .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 and 2 to take action against the 5th respondent for the illegalities by considering the petitioner's representation dated 14.03.2025 and consequently direct the respondents 2 to 4 to constitute a committee consisting of one of the family member of the petitioner and an individual /fit person for conducting temple car festival at Arulmigu Oppillatha Amman Temple situated at Ariyalur Town, Ariyalur District on 11.05.2025 (rpj;uh bgsh;zkp) and also to permit the petitioner to do offerings to the temple on one day as fixed by the respondents 2 to 4 and pass such further or other order.
For the Petitioner : Mr.K.Balu For the Respondents : Mr.K.Karthikeyan Government Advocate for RR1 -4
ORDER
The Writ Petition is filed for a Mandamus directing the respondents 1 and 2 to take action against the 5th respondent for the illegalities, by considering the representation dated 14.03.2025 and consequently direct the respondents 2 to 4, to constitute a committee consisting of one of the family members of the petitioner and an individual / fit person for conducting the temple car festival at Arulmigu Oppillatha Amman Temple, Ariyalur Town, Ariyalur District on
11.05.2025 (Chithira Pournami festival) and also permit the petitioner to do offerings on one day as may be fixed by the respondents 2 to 4.
2. Upon hearing Mr.K.Balu, the learned counsel for the petitioner and Mr.K.Karthikeyan, the learned Government Advocate appearing on behalf of the respondents 1 to 4, it can be seen that the grievance of the petitioner is two fold. Firstly, the petitioner seeking action on his representation 14.03.2025 and consequently seeking appointment of a fit person in the committee, to carry out the affairs of the temple.
3. The allegations that is made by the petitioner is that when the land of the temple was acquired and the proceeds were given, according to the circular it was directed to be invested in a particular manner, in violation thereof the investment was made by the 5th respondent. Therefore, he has made the above representation.
4. When there is misconduct on the part of the hereditary trustee, who
according to the petitioner was appointed, based on the petitioner's no objection, the respondents ought to have taken action and appointed a fit person or committee, pending the enquiry.
5. With reference to the said grievance, it is submitted by the learned Government Advocate appearing on behalf of the respondents 1 to 4 that the enquiry was conducted on the representation of the petitioner and they did not find any illegality or misconduct in the action of the 5th respondent.
6. If that is so, let the outcome of the enquiry be communicated to the petitioner, by way of an order in writing. It will be open for the petitioner to take recourse in the manner known to law.
7. The second grievance of the petitioner is with reference to permitting the petitioner to do offerings. In short, the petitioner wants to perform the Mandagapadi at the 'Chithra Pournami' festival. If the petitioner has any such customary right, it is for the petitioner to approach the Joint Commissioner,
Hindu Religious and Charitable Endowments Department, Cuddalore, the 2nd respondent herein, under Section 63 of the Hindu Religious and Charitable Endowments Act, 1959 and the 2nd respondent shall consider the same in accordance with law and pass such further orders.
8. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the associated miscellaneous petition is closed. 21.04.2025 : Yes / No Jer To
1. The Principal Secretary/Commissioner Hindu Religious And Charitable Endowment, Nungambakkam High Road, Chennai-34.
2. The Joint Commissioner Hindu Religious And Charitable Endowment, Aatrankarai Road, Cuddalore, Cuddalore District.
3. The Assistant Commissioner Hindu Religious And Charitable Endowment, Ariyalur, Ariyalur District.
4. The Executive Officer Arulmigu Oppillatha Amman Temple, Ariyalur Town, Ariyalur District.
D.BHARATHA CHAKRAVARTHY, J.
Jer 21.04.2025