The Idol Of Arulmighu v. Nil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.2030 of 2017 (PD) (In the matter of appointment of trustee in pursuance of the scheme decree for administration of the Idols of Sri Navaneethakrishnaswamy Vahayara Temple owned by Neikkara Yadava Community of Palakkarai, Eda Street, Trichirappalli) The Idol of Arulmighu Navaneetha Krishnaswamy Vahayara Temples, Represented by the Executive Trustee, Thiru T.Srinivasan ... Petitioner/Petitioner/Petitioner Vs.

Nil ... Respondent PRAYER: Petition is filed under Article 227 of the Constitution of India directing the Principal District Court, Trichirapalli to dispose the I.A.No.282 of 2017 in I.A.No.95 of 2017 in O.S.No.1 of 1902 on the file of the same Court, within the stipulated time fixed by this Court.

For Petitioner : Mr.N.GA.Natraj

ORDER

The petitioner is the Executive Trustee of the Idol of Arulmighu Navaneetha Krishnaswamy Vahayara Temples and he filed an interlocutory application in I.A.No.95 of 2017 for appointment of Commissioner to conduct election as per scheme decree passed in O.S.No.1 of 1902. In pursuant to the orders passed in I.A.No.95 of 2017, this Court appointed advocate P.R. Namasivayam as Advocate Commissioner to conduct the election and dates for election process had been furnished by the Court. The said temple belongs to Yadhav Community and it is a denomination temple. The voters are people mostly working and business people and they are unable to come to the temple on working days for enrolling or deleting the voters list. Further it is stated that it is convenient and usual custom to conduct most of the election process on Sundays.

Even the previous elections the same method has been followed. In the meanwhile, two interlocutory applications were filed and they were posted for enquiry. Now, the petitioner has come forward with the present civil revision petition for early disposal of I.A.No.282 of 2017 seeking modification of election dates.

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2.This Court vide order dated 10.11.2017 called a report from the lower court and the lower court also submitted a report dated 15.11.2017 by stating that when the election was notified, modification application has been filed by the petitioner and two other applications in respect of submitting the account are also pending.

3.It is stated by the learned counsel for the petitioner that the Trial Court vide order dated 26.06.1975 directed the trustees to submit their accounts and even after 35 years the said order has not been complied with and the two applications pending for production for accounts have nothing to do with the present application. He would further submit that any person who becomes trustee of the temple has to submit the accounts. Hence, he seeks for early disposal of the said application.

4.The revision has been filed for early disposal of I.A and therefore, no notice is necessary to the respondents.

5. Considering the limited prayer sought for by the petitioner, without going into the merits of the matter, the learned Principal District Judge, Thiruchirapalli, is directed to dispose of the petition in I.A.No.282 of 2017 in I.A.No.95 of 2017 in O.S.No.1 of 1902, within a period of two weeks from the date of receipt of a copy of this order.

6.The Civil Revision Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The Principal District Court, Trichy.

+One cc to Mr.N.Ga.Natraj, Advocate, SR.No.88050 jikr RL/3C/2P/SV/MMS/SAR3/5/12/2017 C.R.P.(MD)No.2030 of 2017 (PD) https://hcservices.ecourts.gov.in/hcservices/ 17.11.2017