Arulmigu Vandikaruppanaswamy v. The Comissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.17254 of 2018 and W.M.P.(MD) No.15198 of 2018 Arulmigu Vandikaruppanaswamy Temple Thangammapatty Vedasandur Taluk Dindigul District through its Hereditary Trustee A.Renganathan ... Petitioner Vs.

1.The Commissioner Hindu Religious and Charitable Endowments Dept., Chennai 2.The Joint Commissioner Hindu Religious and Charitable Endowments Dept., Madurai 3.The Executive Officer Arulmigu Vandikaruppanaswamy Temple Thangammapatty, Vedasandur Taluk Dindigul District 4.P.Rajendran 5.A.Karuppiah 6.P.Murugan 7.G.Kaliappan 8.P.Ayyanan Ambalam 9.G.Chinnasamy 10.M.Perumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorari calling for the records in pursuant to the impugned order passed by the 2nd respondent in Na.Ka.5836/2018/Aa1 dated 19.7.2018and to quash the same as illegal.

For Petitioner :

Mr.AR.L.Sundaresan, Senior Counsel for Ms.P.Kalaiyarasi Bharathi For Respondents :

Mr.S.Angappan Government Advocate (Civil Side) for R1 & R2 Mr.M.Muthu Geethayan for R3

ORDER

The petitioner has challenged the proceedings of the second respondent, dated 19.07.2018, calling for explanation in regard to the charges framed against him in the said proceedings.

2. Instead of responding to the notice purported to be issued under Section 26(1)(h) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter, referred to as "the Act"), the petitioner has approached this Court assailing the said proceedings on the ground that the second respondent has no jurisdiction to issue notice under the aforesaid Section and it is only the first respondent, who has jurisdiction to issue notice under Section 53 of the Act.

3. On 16.08.2018, the writ petition was entertained and notice to the respondents was ordered. However, today (i.e.20.09.2018), when the matter was taken up for hearing, the learned Senior Counsel appearing for the petitioner fairly submitted that the Honourable Division Bench of this Court in P.Krishnamoorthy vs. Commissioner, reported in (2018) 1 MLJ 831, has held that such initiation of proceedings under Section 26 of the Act is perfectly valid and the Joint Commissioner, H.R. & C.E. Department has independent power to initiate action for removal of the Trustees under the said Section. Therefore, the learned Senior Counsel submitted that the principal challenge to the impugned proceedings is no more valid.

4. Since the jurisdictional error, as pointed by the learned Senior Counsel, is stood removed in view of the decision of the Honourable Division Bench as aforementioned, the power exercised by the second respondent, namely, Joint Commissioner, H.R. & C.E. Department, under Section 26 of the Act, cannot be termed as invalid. Since the impugned proceedings of the second respondent is only a show-cause notice issued to the petitioner to answer the charges framed against him, it is always open to the petitioner to submit his explanation to the charges and vindicate his innocence. Therefore, this Court is of the view that the proper course available to the petitioner is to submit explanation to the impugned proceedings issued by the second respondent and disclose his defence to the charges framed against him.

In the above circumstances, this Court directs the petitioner to submit his explanation to the impugned proceedings, within a period of three weeks from the date of receipt of a copy of this order.

necessary, give personal hearing to the petitioner and pass appropriate orders, within a period of four weeks thereafter.

5. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS-I) To:

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

+1CC to Ms.P.Kalaiyarasi Bharathi, Advocate, SR.No.85542 +1CC to Mr.M.Muthu Geethayan, Advocate, SR.No.85804 +1CC to the Special Government Pleader SR.No.85876 W.P.(MD) No.17254 of 2018 and W.M.P.(MD) No.15198 of 2018 20.09.2018 KRK ES/SKN/RSK/SAR 1/16.10.2018/3P/6C