V.Palani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN V.Palani.
... Petitioner /versus/
1. The District Collector, Tirupattur, Tirupattur District.
2. The Revenue Divisional Officer, Tirupattur, Tirupattur District.
3. The Superintendent of Police, Tirupattur, Tirupattur District.
4. The Inspector of Police, Nattarampalli, Tirupattur District.
5. Joint Commissioner, Hindu Religious & Charitable Endowments, Vellore, Vellore District.
6. The Assistant Commissioner, Hindu Religious & Charitable Endowments, Vellore, Vellore District.
7. The Inspector, Hindu Religious & Charitable Endowments, Vaniyambadi, Tirupattur District.
8. K.Kothandaraman, 1/5
9. R.Delhi Babu,
10. P.Parthasarathy,
11. P.Nagendiran ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus to call for the entire records pertaining to the order passed by respondent No.2 in RDOTPT/3190/2023-A3, dated 07.06.2024 and to quash the same as null and void and further direction to the respondents-1 to 7 to take appropriate criminal action against the respondents-8 to 11 to retrieve the key of temple or break open the door and hand over the key and possession of "Arulmigu Thirunarayana Swamy Thirukoil, Pudupettai" to the petitioner for its worship and to conduct poojas. For Petitioner : Mr.P.A.Sudesh Kumar.
For R1 to R4 : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) For R5 to R7 : Mr.S.Ravichandran, Additional Government Pleader.
For R8 to R11 : Mr.B.Gurunathan
O R D E R
This Writ Petition is filed seeking Writ of Certiorarified Mandamus to quash the order passed by the 2nd respondent/Revenue Divisional Officer, Tirupattur, which has recommended the Hindu Religious & Charitable Endowments to remove the petitioner herein from Non Hereditary Trusteeship. 2/5
2. This writ petition in fact has become infructuous in view of the fact that the recommendation of Revenue Divisional Officer, Tirupattur, to remove the petitioner from non-hereditary trusteeship has been declined by the Assistant Commissioner, HR & CE, Vellore District, vide order dated 21.06.2024, on the ground that the Revenue Divisional Officer has no authority to interfere with the appointment of non-hereditary trustees pursuant to the provisions of the HR & CE Act.
3. The Learned Counsel appearing for the 8th respondent, who claims himself as Hereditary Trustee has a strong objection of retaining the petitioner as the Trustees to the Temple. He submits that, he has already preferred revision before the Commissioner of HR&CE and the same is pending.
4. In view of the fact that the Temple has been closed for more than 6 months and the key is with the 8th respondent, this Court, vide order dated 18.10.2024, directed the 8th respondent to hand over the key of the Temple to the 7th respondent/Inspector, HR&CE, Vaniyambadi, Tirupattur, for him to open the Temple and facilitate the public to worship the Temple. 3/5
Accordingly, the 8th respondent has handed over the key of the Temple to the 7th respondent and it is reported that the Temple is now open for public worship.
5. Accordingly, this Writ Petition is disposed of. No costs. 19.10.2024 Index : Yes/No : Yes/No bsm To:-
1. The District Collector, Tirupattur, Tirupattur District.
2. The Revenue Divisional Officer, Tirupattur, Tirupattur District.
3. The Superintendent of Police, Tirupattur, Tirupattur District.
4. The Inspector of Police, Nattarampalli, Tirupattur District.
5. The Joint Commissioner, Hindu Religious & Charitable Endowments, Vellore, Vellore District.
6. The Assistant Commissioner, Hindu Religious & Charitable Endowments, Vellore, Vellore District.
7. The Inspector, Hindu Religious & Charitable Endowments, Vaniyambadi, Tirupattur District.
8. The Public Prosecutor, High Court, Madras. 4/5
Dr.G.JAYACHANDRAN, J.
bsm 19.10.2024 5/5