Rangarajan Narasimhan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.27090 of 2019 Rangarajan Narasimhan ... Petitioner Vs.

1. The State of Tamil Nadu rep. by its Additional Chief Secretary Department of Tourism, Culture and Religious Endowments Department Secretariat, Fort St. George Chennai - 600 009.

2. The Commissioner Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai Nungambakkam, Chennai - 600 034.

3. The Joint Commissioner/Executive Officer Shri Ranganatha Swamy Temple

4. Venu Srinivasan Chairman, Board of Trustees Shri Ranganatha Swamy Temple

5. K.N.Srinivasan Trustee, Shri Ranganatha Swamy Temple

6. Kavitha Jagadeesan Trustee, Shri Ranganatha Swamy Temple

7. S.T.Rangachari Trustee, Shri Ranganatha Swamy Temple

8. Ko.Ka.Va.Annan Thiruvenkatachariar Sthalathar, Shri Ranganatha Swamy Temple (Shri U.Ve.Ko.Ka.Va.Annan Vaadhoola Desikar) 206, East Uthra Street

9. U.Ve.Kovil Vedavyasa Senthamaraikannan Bhattar Sthalathar, Shri Ranganatha Swamy Temple (Shri U.Ve.Vedavyasa Bhattar) 133/33, North Uthra Street 10.U.Ve.Badri Narayana Bhattar Sthalathar, Shri Ranganatha Swamy Temple (U.Ve.Parasara Bhattar) 231, South Uthra Street 11.Sudharshana Rangachar Sthalathar, Shri Ranganatha Swamy Temple (U.Ve.Ko.Ka.Va.Annan Rangachar) 121/70, East Chitra Street 12.Singaperumal Uthama Nambi Sthalathar, Shri Ranganatha Swamy Temple (Shri U.Ve.Uthama Nambi) 28/3, West Uthra Street Srirangam, Trichy - 620 006.

... Respondents Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring the hereditary Sthalathar Trustee as the Chairman, Board of Trustees of Shri Ranganatha Swamy Temple, Srirangam as required by Section 48 of the Hindu Religious and

Charitable Endowments Act and consequentially declare the election/appointment of the 4th respondent as Chairman, Board of Trustees of Shri Ranganatha Swamy Temple, Srirangam, as arbitrary, illegal, null and void and the same being ultra vires of Section 48 of the HR&CE Act. For the Petitioner : Mr.Rangarajan Narasimhan Petitioner-in-person For the Respondents : Mr.T.Chandrasekaran Special Government Pleader for respondents 1 and 2 : Mr.C.Aryma Sundaram Senior Counsel for Mr.R.Karthikeyan for respondents 4 to 7 : Mr.T.V.Ramanujam Senior Counsel for Mr.R.Karthikeyan for 3rd respondent : Mr.K.V.Babu for M/s.R.Priyanka for 9th respondent : Mr.P.B.Sampath Kumar for 10th respondent : Mr.V.Giri Senior Counsel for Mr.P.K.Harinath Babu for 12th respondent : No appearance for respondents 8 and 11

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The writ petition was filed for the following prayer: ".... a writ of declaration declaring the hereditary Sthalathar Trustee as the Chairman, Board of Trustees of Shri Ranganatha Swamy Temple, Srirangam as required by Section 48 of the HR&CE Act and consequentially declare the election/appointment of the 4th respondent as Chairman, Board of Trustees of Shri Ranganatha Swamy Temple, Srirangam, as arbitrary, illegal, null and void and the same being ultra vires of Section 48 of the HR&CE Act."

2. During the pendency of the writ petition, additional affidavits were filed by the petitioner to indicate maladministration, malpractice and even misappropriation of the temple funds, for which a prayer in the writ petition was not made initially. With the submission of additional affidavits from time to time, there is substantial change in the prayer originally made in the writ petition. To concentrate on the main issue of maladministration, malpractice and misappropriation of the funds, the petitioner-in-person prays for liberty to either file a fresh writ petition or to amend the pending writ petition, being W.P.No.28799 of 2018. In so far as election of the Chairman and Trustees of Shri Ranganatha Swamy Temple, Srirangam is concerned, the petitioner-in-person is not pressing the writ petition.

3. In view of the submission of the petitioner-inperson, the present writ petition is dismissed as not pressed limited to the issue of election of the Chairman and Trustees of Shri Ranganatha Swamy Temple, Srirangam. However, it is with liberty to the petitioner-in-person to either amend the pending writ petition, being W.P.No.28799 of 2018, or to file a fresh writ petition in regard to all other issues raised by the petitioner by filing additional affidavits. The dismissal of the writ petition would not come in the way of the petitioner for the aforesaid.

There will be no order as to costs. Consequently, W.M.P.Nos.29005 and 30145 of 2021 are closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR sasi To:

1. The Additional Chief Secretary State of Tamil Nadu Department of Tourism, Culture and Religious Endowments Department Secretariat, Fort St. George Chennai - 600 009.

2. The Commissioner Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai Nungambakkam, Chennai - 600 034.

3. The Joint Commissioner/Executive Officer Shri Ranganatha Swamy Temple +1cc to the Government pleader Sr.3497 +1cc to Mr.P.B.Sampath Kumar, Advocate Sr.3199 W.P.No.27090 of 2019 sr-II[co] srg 25/01/2022