K.Dayalan, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.No.2 of 2014 K.Dayalan ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Villupuram.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore-607 001.
4.The Inspector, Hindu Religious and Charitable Endowments Department, Panruti, Panruti Taluk, Cuddalore District.
5.Fit Person, Arulmighu Durga Parameswari @ Kaliamman Thirukkoil, Thattanchavadi, Panruti, Panruti Taluk, Cuddalore District.
6.C.Panneerselvam 7.P.Ramachandran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records and quash the proceedings of the third respondent in his Se.Mu.Na.Na.Ka.No.27867/2006/A1 dated 30.10.2013 and consequently, forbearing the respondents 1 to 5 from in any manner interfering with the management of Arulmighu Durga Parameswari @ Kaliamman Thirukkoil, Thattanchavadi, Panruti, by the villagers of Thattanchavadi, Panruti, Panruti Taluk, Cuddalore District.
For Petitioner :
Mr.R.Gururaj For Respondents : Mr.K.Karthikeyan Government Advocate (HR & CE) for R1 to R5 No-appearance for R6 and R7
O R D E R
This Writ Petition has been filed challenging the proceedings of the third respondent dated 30.10.2013 issued in Se.Mu.Na.Na.Ka.No.27867/2006/A1 and for a consequential direction to forbear the respondents 1 to 5 from interfering with the management of Arulmighu Durga Parameswari @ Kaliamman Thirukkoil, Thattanchavadi, Panruti, by the villagers of Thattanchavadi, Panruti, Panruti Taluk, Cuddalore District.
2. The learned counsel appearing for the petitioner submits that the petitioner is a worshiper of Arulmigu Durga Parameswari @ Kaliamman Thirukkoil, Thattanchavadi, Panruti, and the said Temple was managed by the villagers for several years. While so, all of a sudden, a Fit Person was appointed by the third respondent vide the impugned order dated 30.10.2013 and the third respondent has no power to appoint the Fit Person and the Temple belongs to the villagers. Challenging the same, the present writ petition has been filed.
3. The learned Government Advocate appearing for the respondents 1 to 5 submits that Arulmigu Durga Parameswari @ Kaliamman Thirukkoil, Thattanchavadi, Panruti, is a public Temple and the inspection was conducted by the Hindu Religious and Charitable Endowments Department, where, they found that the accounts were not properly maintained by the Villagers, and Hundial and Kalyana Mandapam are also available and therefore, the Fit Person was appointed by the third respondent. Moreover, the petitioner is not a Hereditary Trustee and he has no right to challenge the impugned order. Accordingly, he prays for dismissal of this petition.
4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 5.
5. It appears from the submission made by the learned Government Advocate appearing for the respondents 1 to 5 that Arulmigu
Durga Parameswari @ Kaliamman Thirukkoil, Thattanchavadi, Panruti, is a public Temple where Hundial and Kalyana Mandapam are also available and the Hindu Religious and Charitable Endowments Department has conducted inspection in the Temple and found that the accounts were not properly maintained by the Villagers and therefore, the Fit Person was appointed by the third respondent vide the impugned order dated 30.10.2013. Moreover, the petitioner is not a hereditary Trustee. Unless the petitioner shows that he is the hereditary or non-Trustee, he has no locus standi to challenge the impugned proceedings in the manner known to law.
6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 03.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb
To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Villupuram.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore-607 001.
4.The Inspector, Hindu Religious and Charitable Endowments Department, Panruti, Panruti Taluk, Cuddalore District.
5.Fit Person, Arulmighu Durga Parameswari @ Kaliamman Thirukkoil, Thattanchavadi, Panruti, Panruti Taluk, Cuddalore District.
M.DHANDAPANI, J.
ssb 03.09.2024