S. Chokalingam Pillai v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.11.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and M.P.(MD).No.1 of 2011 S.Chokalingam Pillai ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Sivagangai.

2.The Executive Officer, Arulmigu Venkatachalapathy Thirukovil, Sattur, 3.A.Shanmuga Anantham Pillai 4.C.Veerabahu Pillai 5.G.Sankar Pillai 6.K.Balasubramanian Pillai ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in N.Ka.No.5339/2011/A1 dated

17.08.2011 issued by the 1st Respondent herein removing the petitioner from the Chairman, Board of Trustees of Arulmigu Subramaniaswamy Thirukovil of Sattur in Virudhunagar District and quash the same and consequently direct the 1st Respondent to accept the record the petitioner as the Chairman of the Board of Trustees of Arulmigu Subramaniaswamy Thirukovil, Sattur, For Petitioner :Mr.S.Madhavan For Respondents :Mr.P.Subbaraj Special Government Pleader for R1 :Mr.P.Mahendran for R2 :Mr.Lakshmi Gopinathan for R3 to R6

O R D E R

This Writ Petition is filed praying for a Certiorarified Mandamus, calling for the records pertaining to the impugned order in N.Ka.No. 5339/2011/A1, dated 17.08.2011 issued by the 1st Respondent removing the petitioner from the Chairman, Board of Trustees of Arulmigu Subramaniaswamy Thirukovil of Sattur in Virudhunagar District and consequently to direct the 1st Respondent to accept and record the petitioner as the Chairman of the Board of Trustees for the said temple. 2.It is submitted by the learned counsel for the petitioner that though the writ petition is filed challenging the order of appointing the

petitioner for a limited period of 1 year tenure as a non-hereditary trustee, the same suffers from error apparent inasmuch as the petitioner is hereditary trustee. However, the order, dated 06.07.2009, passed by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai, has been challenged. Liberty was thus sought for to approach the appropriate respondent for a declaration as to his status viz., hereditary trustee or non-hereditary trustee.

3.The learned Special Government Pleader, appearing on behalf of the 1st Respondent submitted that any such representation if filed would be considered in the light of the provisions in accordance with law.

4. Recording the above, this writ petition stands disposed of, by granting liberty to the petitioner to submit his representation within a period of four weeks from the date of receipt of a copy of this order. The same shall be decided and orders passed by the appropriate respondent within a period of twelve weeks thereon, after affording an opportunity of hearing to the Petitioner and other stake holders/interested parties, if any. There was an

order of Status Quo by this Court in M.P.(MD).No.1 of 2011 dated 19.11.2012, in the present writ petition. In view of the same, Status Quo shall continue until the representation is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 10.11.2022 Index : Yes / No Speaking Order : Yes / No sbn To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Sivagangai.

2.The Executive Officer, Arulmigu Venkatachalapathy Thirukovil, Sattur,

MOHAMMED SHAFFIQ, J.

sbn and M.P.(MD).No.1 of 2011 10.11.2022