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Madras High CourtWP/18130/2025disposed of

Arulmigu Sri Vallaba Vinayagar v. The Commissioner

2025-05-22Honourable Mr Justice V. Lakshminarayanan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2025

CORAM

THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN and WMP No. 20294 of 2025

1. Arulmigu Sri Vallaba Vinayagar Cultural And Religious Trust, Rep By Its General Secretary, J.Balasundaram, S/o.Jayaram, No.2159-b, 8th Street, Mullai Nagar, Anna Nagar, West Chennai-600 040 Petitioner(s) Vs

1. The Commissioner Hindu Religious and Charitable Endowment Department, Chennai District 2.The Joint Commissioner, Chennai Region-II Hindu Religious and Charitable Endowment Department, Chennai District 3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Triplicane, Chennai-600 005 1/8

4.The Executive Officer A/m.Egambareswar Thirukovil, Aminthakarai, Chennai-600 029 Respondent(s) PRAYER Calling for the records of the 3rd respondent, pertaining to the impugned proceedings Se.Mu.Na.No.675/2025/AA2 dated 24.4.2025 and consequential notice of the 4 th respondent dated24.4.2025 and quash the same and consequently direct the 1 st respondent to dispose of the appeal in E.Office Filling No.1533495 of 2025 dated 5.5.2025 preferred by the office bearers of the petitioner within a time frame.

For Petitioner(s):

Mr.V.Srikanth For Mr.P.Seshadri For Respondent(s):

Mr.N.R.R.Arun Natarajan, Special Government Pleader

ORDER

The petitioner seeks for following reliefs. The Writ of Certiorarified Mandamus has been filed to call for the records of the 3 rd respondent, pertaining to the impugned proceedings Se. Mu. Na. No. 675/ 2025 2/8

/ AA2 dated 24.4.2025 and consequential notice of the 4 th respondent dated 24.4.2025 and quash the same and consequently direct the 1 st respondent to dispose of the appeal in E.Office Filling No.1533495 of 2025 dated 5.5.2025.

2. The case relates to Arulmigu Sri Vallaba Vinayagar Temple situated at Anna Nagar, West Chennai - 40. The petitioner claims that they have been in the management of Temple from 1982 onwards. They filed an application seeking framing of a Scheme under Section 64 of the Hindu Religious & Charitable Endowments Act. The application was numbered as O.A.No.11 of 2012. It came to be dismissed on 21.03.2025.

3. Aggrieved by the same, the petitioner has preferred a regular appeal before the Commissioner, HR & CE Department, Chennai. Pending the Statutory Appeal, impugned order came to be passed, appointing a fit person to take control of the institution. Hence the Writ Petition. 3/8

4. When the matter came up for admission, I directed Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for HR & CE to take notice and come up with instructions. He has produced typed set of papers, pointing out that between the period i.e., from 15.05.2025 to 20.05.2025, an income of merely Rs.4,94,000/- has been collected in the Temple. He points out in contra distinction, when it was under the control of the petitioner, an average sum of Rs.3,00,000/- was collected every month. He states that it is in the interest of Temple that the Thakkar continues and the petitioner dispossess from the respective officers as trustees.

5. Mr.V.Srikanth, learned counsel for the petitioner states that the copy of the accounts including the bank accounts of the Temple will be handed over to the Executive Officer within a period of two (2) weeks from today.

6. I have carefully considered the submissions of Mr.V.Srikanth and Mr.N.R.R.Arun Natarajan and I have gone through the records. 4/8

7. For mere dismissal of the application to frame the Scheme does not mean that the Department can walk into the Religious Institution and take over the management. There has to be a finding that the Temple has been mismanaged or it is not in the interest of the Temple that those in management should continue in their offices. However, taking note of the fact that there has been a drastic difference in the income that has been generated, I am inclined to pass the following order:

(i) The fit person shall act as an Executive Officer and he shall assist the petitioner in the management of the Temple; (ii) The petitioner shall maintain proper accounts for the income of the Temple and shall submit the same for the scrutiny of the Executive Officer; (iii) The copy of Bank Accounts being operated shall be given to the Executive Officer;

(iv) The appeal presented in E.Office Filing No.1533495 of 2025 on 05.05.2025 shall be disposed of within a period of four (4) months from the date of receipt of a copy of this order.

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5.No policy decision will be taken and no fresh financial out flow will be taken by the petitioner without concurrence of the Executive Officer.

6. The Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed. 22-05-2025 Ssi/dna Index:Yes/No Speaking/Non-speaking order Internet:Yes 6/8

To 1.The Commissioner Hindu Religious And Charitable Endowment Department, Chennai District 2.The Joint Commissioner, Chennai Region-II Hindu Religious And Charitable Endowment Department, Chennai District 3.The Assistant Commissioner Hindu Religious And Charitable Endowment Department, Triplicane, Chennai-600 005 4.The Executive Officer A/m.Egambareswar Thirukovil, Aminthakarai, Chennai-600 029 7/8

V.LAKSHMINARAYANAN J.

ssi/dna WP No.18130 of 2025 and WMP No.20294 of 2025 22-05-2025 8/8