The Assistant Commissioner v. Arulmighu Koppudaiyamman Temple
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P(MD)No.5852 of 2024 1.W.A(MD)No.799 of 2024:
1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi.
2.The Executive Officer, Arulmighu Koppudiaya Nayagi Amman Temple, Karaikudi, Sivagangai District.
... Appellants/Respondents 3 & 4 vs.
1.Arulmighu Koppudaiyamman Temple, Represented by its Life Trustee, M.Arunachalam.
... 1st Respondent/Writ Petitioner 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai.
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3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
... Respondents 2 & 3/ Respondents 1 & 2 4.Pradeepa ... 4th Respondent/5th Respondent 5.S.Selvanathan ... 5th Respondent/6th Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 28.12.2023 made in W.P(MD)No.15460 of 2019. For Appellant : Mr.V.Chandrasekar For Respondents : Mr.RM.Arun Swaminathan for R.1 : Mr.P.Subbaraj Special Government Pleader for R.2 & R.3 2.W.A(MD)No.800 of 2024:
1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi.
2.The Executive Officer, Arulmighu Koppudiaya Nayagi Amman Temple, Karaikudi, Sivagangai District.
... Appellants/Respondents 3 & 4 vs.
1.M.Arunachalam ... 1st Respondent/Writ Petitioner 2/10
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai.
3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
... Respondents 2 & 3/ Respondents 1 & 2 4.M.Palaniappan 5.S.Ramalingam 6.A.Meyappan 7.S.Manivannan 8.M.Arumugam 9.R.Govindan 10.R.Ramasamy 11.L.Illancheliyan ... Respondents 5 to 11/ Respondents 5 to 12 PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 28.12.2023 made in W.P(MD)No.14793 of 2018. For Appellant : Mr.V.Chandrasekar For Respondents : Mr.RM.Arun Swaminathan for R.1 : Mr.P.Subbaraj Special Government Pleader for R.2 & R.3 3/10
3.W.A(MD)No.801 of 2024:
1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi.
2.The Executive Officer, Arulmighu Koppudiaya Nayagi Amman Temple, Karaikudi, Sivagangai District.
... Appellants/Respondents 2 & 3 vs.
1.S.Meiyar ... 1st Respondent/Writ Petitioner 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
... 2nd Respondent/ 1st Respondent 3.S.Selvanathan ... 3rd Respondent/4th Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 28.12.2023 made in W.P(MD)No.22593 of 2019. For Appellant : Mr.V.Chandrasekar For Respondents : Mr.R.G.Shankar Ganesh for R.1 Mr.P.Subbaraj Special Government Pleader for R.2 4/10
COMMON JUDGMENT [Judgment of the Court was made by R.SURESH KUMAR, J.) These Appeals have been directed against the common order passed by the learned Judge in exercising the jurisdiction under Article 226 of the Constitution, by order, dated 28.12.2023 in W.P(MD)No.14793 of 2018 etc., batch.
2.Heard Mr.V.Chandrasekar, learned counsel appearing for the appellants, Mr.RM.Arun Swaminathan, learned counsel appearing for the first respondent in W.A(MD)Nos.799 & 800 of 2021, Mr.R.G.Shankar Ganesh, learned counsel appearing for the first respondent in W.A(MD)No.801 of 2024 and Mr.P.Subbaraj, learned Special Government Pleader appearing for the HR & CE Department. 3.We have gone through the order passed by the learned Judge, which is impugned herein. Insofar as the Management of the Temple is concerned, already a scheme has been framed by this Court in Appeal Nos. 116 of 1956 and 117 of 1956, dated 24.12.1959. 5/10
4.Though such a scheme had been framed long back ie., in the year 1959, for several years, for one reason or other, the scheme has not been fully implemented, the appellants' counsel stated. 5.Having gone through all these aspects, the learned Judge has passed a very detailed order and ultimately concluded that the Writ Petitions which are seeking the prayer to implement the scheme, dated 24.12.1959 deserve to be allowed, accordingly, those Writ Petitions were allowed through the impugned order.
6.If there has been a scheme framed by the civil Court, confirmed by the High Court and the scheme so far has not been modified or altered by any competent Court, naturally the scheme has to be implemented and for such an implementation, no other factor can stand in the way and HR & CE Department also to take steps to implement the scheme.
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7.When that being so, the direction given by allowing the Writ Petitions through the impugned order by the learned Judge cannot be found to be erroneous and therefore, no interference is called for in the Judgment impugned, dated 28.12.2023.
8.At one point of time, the learned counsel appearing for the appellants has made a request to this Court to extend the time that has been allowed by the learned Judge through the impugned order to implement the scheme as some practical difficulties have to be sorted out. 9.Though the learned Judge in the impugned order has given four weeks time from 11.01.2024 to comply with the directions given therein to implement the scheme and we are in the first week of June 2024 and still, the appellants want some more time to be extended for implementation of the scheme, viz-a-viz., complying the orders passed by the Writ Court, which is impugned herein, we are inclined to grant further two months time from today to implement the orders passed by the learned Judge, dated 28.12.2023. It is made clear that no further extension shall be entertained and granted.
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10.With these observations and directions, all these Writ Appeals are dismissed. Consequently, connected Miscellaneous Petition is closed. However, there shall be no order as to costs. [R.S.K.,J.] [G.A.M.,J.] 03.06.2024 NCC : Yes / No Index : Yes / No ps 8/10
To 1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi.
2.The Executive Officer, Arulmighu Koppudiaya Nayagi Amman Temple, Karaikudi, Sivagangai District.
3.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai.
4.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
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R.SURESH KUMAR ,J.
and G.ARUL MURUGAN,J.
ps ORDER MADE IN DATED : 03.06.2024 10/10