Mayilvanan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)Nos.17341 & 17342 of 2024 Mayilvanan ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

2.Rajiv Gandhi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent passed in O.A.No.18 of 2023, dated 18.03.2024 and quash the same as illegal and consequently declare the petitioner as Hereditary Trustee of Arulmigu Muthalamman Temple at Bodipatti, Mallapuram Village, Gujiliyamparai Taluk, Dindigul under Section 63(b) of the Hindu Religious and Charitable Endowment Act, 1959 and for other reliefs and to pass such other orders as this Court.

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For Petitioner : Mr.J.Lawrance For R-1 : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

The present writ petition is filed challenging the impugned order, dated 18.03.2024, whereby, the petitioner's application under Section 63(b) of the Hindu Religious and Charitable Endowment Act, 1959, to declare him as the hereditary trustee in respect of Arulmigu Muthalamman Temple at Bodipatti, Mallapuram Village, Gujiliyamparai Taluk, Dindigul was rejected.

2. The challenge is made on the premise that the order of the respondent authority is contrary to the decree of the District Munsif Court, Vedasandur in O.S.No.218 of 1998, dated 22.01.1999. To the contrary, it was submitted by the learned Additional Government Pleader for the respondent that this order is an appealable order and therefore, the writ petition ought not to be entertained as it may require examination into questions of fact as to whether the petitioner is entitled to succeed to the office as a hereditary trustee in terms of Section 54 of HR & CE Act.

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3. Finding that there is merit in the submission of the learned Additional Government Pleader for the respondent, inasmuch as it is trite law that whenever there is an efficacious remedy under a statute, Courts would be loathe in interfering under Article 226 of the Constitution of India. More so, in this case, disputed facts are involved.

4. In view thereof, the writ petitioner is at liberty to file an appeal before the Commissioner and it is open to the petitioner to take all grounds that may be available including the fact that the subject matter is governed by the order of the Civil Court. The appellate authority shall examine and pass orders in accordance with law. If any appeal is filed, the appellate authority shall dispose of the same, within a period of eight (8) months from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

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NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

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MOHAMMED SHAFFIQ , J.

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