G.Aruldass v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.16563 of 2025 1.

G.ARULDASS 2.

SARAVANAN ... Petitioner Vs 1.

THE SECRETARY, TORUISM, CULTURE AND RELIGIOUS ENDOWMENTS DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 005.

2.

DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, COIMBATORE.

3.

THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, SALEM 4.

THE EXECUTIVE OFFICER/FIT PERSON ARULMIGU NAGAR BALASUBRAMANIYAR THIRUKOIL, I/C, ARULMIGU BADRAKALIAMMAN THIRUKOIL, MECHERI, SALEM DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents not to implement the second respondent's order dated 10.02.1977 made in RC.O. A.No.223 of 1976 for appointment of the non-hereditary trustees among the particular 1/5

community to the temple as per the above scheme by considering the petitioner's representation dated 29.03.2025. For Petitioner : Mr.S.Sivakumar For R1 to R4 : Mr.K.Karthikeyan Government Advocate

ORDER

The writ petition is filed for a mandamus not to implement the order of the Deputy Commissioner dated 10.02.1977 made in R.C.O.A.No.223 of 1976 with reference to the appointment of non-hereditary trustees.

2. The grievance of the petitioners is that the same was framed on a caste basis and therefore should not be implemented.

3. When the matter came up for admission, the learned Government Advocate appearing on behalf of the respondents 1 to 4 submitted that now only the fourth respondent is administering the affairs of the temple. However, presently, for framing a scheme, O.A. No. 15 of 2001 is pending before the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem. In that view of the matter, he submitted that the grievance of the petitioner can also be submitted before the self-same Joint Commissioner who will consider the said aspect also while framing the 2/5

scheme.

4. In view of the same, this writ petition is disposed of on the following terms:

(i) The petitioner shall also get impleaded in O.A.No.15 of 2001 that is pending before the Joint Commissioner, HR & CE Department, Salem. (ii) The petitioner will be entitled to raise the grievance that is raised in the writ petition and also produce the order that is passed by this Court with reference to the appointment of trustees on a caste basis and pray for such relief before the Joint Commissioner. The Joint Commissioner shall also consider the grievance raised by the petitioner while framing the scheme in respect of the temple and pass orders in the manner known to law. (iii) After impleading the petitioner, the enquiry shall be completed as expeditiously as possible and in any event within three months from the date of impleading of the petitioner.

(iv) Consequently, connected miscellaneous petition is closed. No costs.

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To 1.

THE SECRETARY, TORUISM, CULTURE AND RELIGIOUS ENDOWMENTS DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 005.

2.

DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, COIMBATORE.

3.

THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, SALEM 4/5

D.BHARATHA CHAKRAVARTHY, J.

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