P.N.K.Siva Raj, v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.26330 of 2014 & M.P.Nos.1 & 2 of 2014 P.N.K.Siva Raj as the Defacto Manging Trustee of A/M.Solleswarar Thirukkovil Palladam Taluk Thiruppur District ... Petitioner Vs.

1.The Joint Commissioner Hindu Religious and Charitable Endowment (HR & CE Department) Coimbatore Division 2.The Assistant Commissioner Hindu Religious and Charitable Endowment (HR & CE Department) Thiruppur Thiruppur District 3.The Fit person A/m.Solleswara Swamy Thirukkovil Palladam Taluk Thiruppur District also the Executive Officer of A/m.thiru Muruganandhaswamy Thirukkovil Thirumurugan Poondi, Avinashi Taluk Thiruppur District.

... Respondents 1/6

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd Respondent vide his proceedings in Se.Mu.Na.Ka.No.1071/2014/AA2 dated 10.04.2014 and the impugned order passed by the 3rd Respondent dated 26.11.2014 and quash the same and consequently direct the Respondents herein not to interfere with the peaceful possession and management of affairs of the A/m.Soleeswarar Thirukkovil, Putharichal, Palladam Taluk.

For Petitioner : Mr.IAbar Md.Abdulla for Mr.V.P.Karthikeyan For Respondents : Mr.K.Karthikeyan (for R1 & R2) Government Advocate (HR &)CE) Ms.G.Sumitra (for R3)

O R D E R

This Writ Petition has been filed seeking to quash the the impugned order passed by the 2nd Respondent vide his proceedings in Se.Mu.Na.Ka.No.1071/2014/AA2 dated 10.04.2014 and the impugned order passed by the 3rd Respondent dated 26.11.2014 and consequently direct the Respondents herein not to interfere with the peaceful possession and management of affairs of the A/m.Soleeswarar Thirukkovil, Putharichal, 2/6

Palladam Taluk.

2. It is the case of the petitioner that he is the hereditary trustee of Arulmigu Solleswara swamy temple. Initially, the petitioner's father obtained a trust deed which was registered on 15.03.2000 on the file of the SRO, Tiruppur. Such being the position, based on the order passed by the second respondent dated 26.11.2014, the third respondent was appointed as a Fit Person for the said temple and the third respondent asked the petitioner to hand over the charge of the temple. Challenging the said order, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that this Court, without going into the merits of the case, may permit the petitioner to file an application before the second respondent for appointment of trustees for offence under Section 47 of the HR & CE Act within the reasonable time as fixed by this Court.

4. In this regard, the learned Government Advocate for the respondents has not raised any objection.

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5. Heard, the learned counsel for the petitioner, the learned counsel appearing for the respondents and perused the materials available on record.

6. In view of the limited request sought for by the petitioner, this Court without interfering with the impugned order, directs the petitioner to file an appeal before the second respondent under Section 47 of the HR & CE Act for the appointment of hereditary trustees within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such application, the second respondent shall consider and pass orders after providing opportunity to the petitioner or other legal heirs/hereditary trustees within a period of four weeks thereafter.

7. The writ petition is disposed of with the above directions. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

05.09.2024 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order 4/6

To 1.The Joint Commissioner Hindu Religious and Charitable Endowment (HR & CE Department) Coimbatore Division 2.The Assistant Commissioner Hindu Religious and Charitable Endowment (HR & CE Department) Thiruppur Thiruppur District 3.The Fit person A/m.Solleswara Swamy Thirukkovil Palladam Taluk Thiruppur District also the Executive Officer of A/m.thiru Muruganandhaswamy Thirukkovil Thirumurugan Poondi Avinashi Taluk Thiruppur District.

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M.DHANDAPANI.J, Dated: 05.09.2024 6/6