Boopalan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.16124 of 2023 Boopalan .. Petitioner v.

1.The Commissioner, 119, Uthamar Gandhi Road, Chennai.

2.The Joint Commissioner, 3.The Assistant Commissioner, 4.Senthil Nathan 5.Rajasekhar 6.Kalaiselvi .. Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the third respondent in Se.Mu.Na.Ka.No.9717/2022/A5 dated 14.03.2023, quash the same and consequently, directing the respondents 1 to 3 to appoint the petitioner as a Trustee of the Temple on the basis of continued possession and performance of daily poojas in the Temple and managing the affairs of the Temple.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.P.Subba Raj, Special Government Pleader for R.1 to R.3 No appearance for R.4 to R.6 *****

ORDER

The appointment of non-hereditary trustee for Arulmigu Sri Veera Anjaneyar Temple at Mambala Salai Road Signal, Thimmarayar Samuthiram Village, Srirangam Taluk, Trichy, is challenged in this writ petition.

2/6

2.By the order impugned, the respondents 4 to 6 were appointed as the non-hereditary trustees for the administration of the Temple. 3.While entertaining this writ petition on 11.08.2023, this Court has passed the following interim order:- "4.Therefore, the petitioner is entitled to be considered. As an interim measure, the petitioner and the fourth respondent shall manage the temple until further orders. The petition which was filed before the authorities shall be numbered and an enquiry shall be conducted and completed within a period of two months from the date of receipt of a copy of this order."

4.There is no representation for the respondents 4 to 6. The official respondents have also not filed any counter affidavit till date. However, learned Counsel on either side submitted that the application filed by the petitioner u/s.63(b) of the Hindu Religious and Charitable Endowments Act before the Joint Commissioner has been numbered as O.A.No.11 of 2023 and the same is pending for enquiry.

3/6

5.In view of the same, this writ petition stands disposed of with a direction to the second respondent / Joint Commissioner to conclude the proceedings in O.A.No.11 of 2023, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. Till such time, the interim arrangement made by this Court, vide order dated 11.08.2023, shall continue.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 27.03.2024 NCC :

Yes / No Internet :

Yes gk To 1.The Commissioner, 119, Uthamar Gandhi Road, Chennai.

2.The Joint Commissioner, 4/6

3.The Assistant Commissioner, 5/6

B.PUGALENDHI, J.

gk 27.03.2024 6/6