The Commissioner v. Sri Varasiddhi Vinayagar Sath Sangam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU The Commissioner Hindu Religious and Charitable Endowments Admn. Department Nungambakkam Chennai 600 034.
..
Appellant Vs.
1. Sri Varasiddhi Vinayagar Sath Sangam Rep. By its Secretary No.E-96A, 3rd Avenue, Besant Nagar Chennai 600 090.
2. The Additional Commissioner Hindu Religious and Charitable Endowments (Admn.) Department Nungambakkam Chennai 600 034.
3. The Joint Commissioner Hindu Religious and Charitable Endowments (Admn.) Department Nungambakkam Chennai 600 034.
4. The Assistant Commissioner Hindu Religious and Charitable Endowments (Admn.) Department Nungambakkam, Chennai 600 034.
5. The Executive Officer Sri Varasiddhi Vinayagar Temple Besant Nagar, Chennai 600 090 ..
Respondents [R2 to R4 - Given up vide endorsement made by the appellant dated 21.07.2023] Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 09.07.2021 made in W.P.No.22926 of 2014. For the Appellant : Mr.R.Shunmugasundaram Advocate General Assisted by Mr.N.R.R.Arun Natarajan Special Government Pleader For the Respondents : Mr.G.Rajagopalan Senior Counsel For M/s.G.R.Associates R2 to R4 - Given up
JUDGMENT
(Delivered by the Hon'ble Chief Justice) We have heard Mr.R.Shunmugasundaram, learned Advocate General, assisted by Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for the appellant and Mr.G.Rajagopalan,
learned Senior Counsel for M/s.G.R.Associates for the first respondent.
2. The order dated 09.07.2021 passed in W.P.No.22926 of 2014 is assailed.
3. Under the impugned order, the learned Single Judge has held that the Executive Officer cannot remain in the office in perpetuity. His maximum tenure is five years. The learned Single Judge has further observed that the procedure for constitution of the Board of Trustees going forward, shall be that the Sangam shall make its recommendations for non-hereditary trustees as expeditiously as possible and appointments shall be made by the Joint Commissioner within a period of four weeks from the date of receipt of the recommendations from the Sangam. The present arrangement shall continue till such time the exercise as aforesaid is completed.
4. In view of that, the Executive Officer still continues. It is submitted by learned Senior Counsel for the first respondent that on 06.01.2021, five names have been suggested by the Sangam. The copy of the said letter is also handed over to learned Advocate General.
5. The appointment of Trustees shall have to be made in consonance with the scheme operating. The names are already suggested by the Sangam.
6. In view of that, the Commissioner, HR & CE shall take a decision for the constitution of the Board of Trustees in accordance with the Scheme, expeditiously and preferably within three months. The writ appeal is accordingly disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 21.07.2023 Index : Yes/No
kpl
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 21.07.2023