S.Vadivel v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2021

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.20301 of 2021 and W.M.P.Nos.21558 & 21559 of 2021 S.Vadivel, ...Petitioner -Vs.-

1. The Commissioner, HR & CE Department, Nungambakkam, Chennai 600 034.

2. The Joint Commissioner, HR & CE Department, Perunthitta Valagam, Villupuram, Villupuram District.

3. The Assistant Commissioner-Cum-Executive Officer, A/M. Angalamman Thirukoil, Mel Malayanoor, Gingee Taluk, Villupuram District-604 204.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to conduct the election to the Board of Trustees during January 2022 to A/m Angalamman Thirukoil, Mel Malayanoor, Gingee Taluk, Villupuram District by strictly following G.O.Ms. (P) No.188 dated 16-07-2012 issued by Tamil Development & Endowments Department, Government of Tamil Nadu and forbear the respondents from conducting election to the Post of Chairman to the Board of Trustees to the Temple viz. A/m. Angalamman Thirukoil, Mel Malayanoor, Gingee Taluk, Villupuram District before conducting the Trustee election during January, 2022 situated at Mel Malayanoor, Gingee Taluk, Villupuram District. For Petitioner :

Mr.T.Chandrasekaran For Respondent :

Mr.NRR.Arun Natarajan, Government Advocate

O R D E R

Captioned main writ petition pertains to 'Sri Angalamman Temple situate at Mel Malayanoor, Gingee Taluk, Villupuram District' [hereinafter 'said temple' for the sake of convenience and clarity].

2. Aforementioned said temple is governed by a scheme settled by the then Deputy Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments (Administration) Department vide O.A. No.144 of 1968 and the scheme is dated 05.03.1973' [hereinafter 'said scheme' for the sake of convenience and clarity]

3. Mr.NRR.Arun Natarajan, learned State counsel accepts notice on behalf of all the three respondents.

4. There is no disputation or disagreement before this Court that the aforementioned said scheme is now operating.

5. Before proceeding further, it is to be noted that in the proceedings made in the listing on 23.09.2021, it was recorded that GO.Ms.No.188 dated 16.07.2012 has to be produced. The learned counsel for writ petitioner, sought time for the same, what was not produced is not G.O.Ms.No.188 dated 16.07.2012 well, but the aforementioned said scheme dated 05.03.1973, the same has since been produced in and by way of additional typed set of papers dated 04.10.2021.

6. Owing to the extremely acute legal angle on which the captioned matter now turns, with the consent of learned counsel on both sides, main writ petition was taken up.

7. Suffice to say that vide aforementioned said scheme, the administration of said temple is to be carried on by a Board of seven Trustees representing seven branches of one family and they are to be elected by majors of the family concerned. To be noted, last of such elections was held on 30.12.2019. The said scheme provides for a tenure of three years but this tenure has been reduced to two years vide G.O.Ms.No.134 dated 13.10.2021. This G.O.Ms.No.134 has been placed before me by learned State counsel and a scanned reproduction of the same is as follows:

8. There is no disputation or disagreement that one amongst the seven Trustees (now in office) has not been elected as Chairman until now. However, owing to paragraph No.6 of the aforementioned G.O., if a Chairman is now elected, from amongst the seven Trustees, all the seven Trustees will continue to hold office for two years from the date of election of the Chairman.

9. Therefore, the only option now available to the writ petitioner is to challenge aforementioned G.O.Ms.No.134 dated 13.10.2021 if he is aggrieved as relief touching upon challenge to said G.O., if at all and if that be so cannot be granted in this writ petition.

10. However, as it is come to the light that election of a Chairman now in the fag end of the tenure of the two year period will by default extend the term of the Trustees for another two years, this Court deems it appropriate to put on hold, election of Chairman till 18.11.2021, making it clear that it is open to the writ petitioner to challenge the aforementioned G.O.Ms.No.134 dated 13.10.2021 if so advised and if he so desires. It is also made clear that if writ petitioner or anyone else does not challenge the aforementioned G.O.Ms.No.134 dated

13.10.2021 by 18.11.2021, it is open to the Jurisdictional Assistant Commissioner i.e., third respondent to proceed with election of the Chairman. If a challenge is laid, it will obviously be governed by Court orders in such challenge To be noted, this Court notices that in said scheme, the conduct of election responsibility has been vested in Jurisdictional Assistant Commissioner vide paragraph No.3.

11. Captioned Writ Petition is disposed of providing the aforementioned window to the writ petitioner. Consequently, captioned writ miscellaneous petitions are disposed of as closed. There shall be no order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsa/nst To

1. The Commissioner, HR & CE Department, Nungambakkam,Chennai 600 034.

2. The Joint Commissioner, HR & CE Department, Perunthitta Valagam, Villupuram,Villupuram District.

3. The Assistant Commissioner-Cum-Executive Officer, A/M. Angalamman Thirukoil, Mel Malayanoor,Gingee Taluk, Villupuram District-604 204.

+2cc to Mr.Karunamurthy, Advocate, S.R.No.56085 +1cc to the Government Pleader, S.R.No.56801 W.P.No.20301 of 2021 and W.M.P.Nos.21558 & 21559 of 2021 MG(CO) RGA(18/11/2021)