P.Athimuthunadar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016 CORAM :

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD) No.2640 of 2016 and W.M.P(MD)Nos.2342 and 2343 of 2016 P.Athimuthu Nadar ... Petitioner Vs.

1.The Commissioner, Department of Hindu Religious and Charitable Endowment Board, Chennai 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli.

3.Vivekandan 4.Jayaraj 5.Manickadurai 6.Ponrangan 7.Thamarai Pushpam ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 11.11.2014 passed by the 1st Respondent in A.P.19/2014 D2 and quash the same as illegal and consequently to direct the 1st and 2nd respondents to accept the candidature of the petitioner for the election of Trustees for Arulmigu Swamy Chidambereswarar Thirukovil at Chettipathu. For Petitioner : Mr.V.Rajiv Rufus For Respondents 1&2 : Mr.V.Muruganantham, Additional Government Pleader.

ORDER

Challenging the order passed by the Commissioner, dated 11.11.2014, the present writ petition has been filed. 2.According to the petitioner, the temple is not the owner of the property. The petitioner is the owner of the property and he has got patta in his name. Therefore, alleging that he is a tenant or patta was wrongly granted to him, cannot be a reason for denying trusteeship. 3.The respondent would contend that steps have already been taken to cancel the patta which has been wrongly given to him. https://hcservices.ecourts.gov.in/hcservices/ 4.It is clear from the order of the Commissioner that the petitioner has failed to disclose in the appeal petition regarding the

grant of patta, whereas the Executive Officer has produced documents to show that the petitioner is a tenant of the temple including a monthly rent receipt of the year 1989 in which the signature of the petitioner was also found. A copy of the judgment referred to by the Commissioner in A.S.No.606/1991 dated 28.08.1992 wherein the petitioner was arrayed as 31st defendant in the said order. Further, the suit property has been declared as a temple property. It is also stated that the patta cancellation is in process, the petitioner is at liberty to challenge the said proceedings, if he is otherwise legally entitled to. 5.In view of the above, the order passed by the Commissioner is in order. Hence, I do not find any reason to interfere with the reasoned order.

The writ petition is accordingly dismissed. No costs. Consequently, W.M.P(MD)Nos.2342 and 2343 of 2016 are closed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Department of Hindu Religious and Charitable Endowment Board, Chennai 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli.

+1 CC to the Special Government Pleader, SR No.7449 +1 CC to Mr.Rajiv Rufus, Advocate, SR No.7360 Writ Petition (MD) No.2640 of 2016 and W.M.P(MD)Nos.2342 and 2343 of 2016 08.02.2016 sms SH/GSV-AN:17.02.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/