Hindu Dharma Parishad v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN Hindu Dharma Parishad, Rep. by K.K.Ramesh, Managing Trustee, No.26A, Old Mahalipatti Road, Madurai - 625 001.
... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Hindu Religious and Charitable Endowments Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to appoint a Arangavalar Committee (Trustee Committee) headed by Hon'ble Retired Judge in All Hindu Temples in Tamil Nadu, to appoint a social activist, a devotee, a scheduled caste person and a woman to the Arangavalar Committee (Trustee Committee) by considering the petitioner's representation. For Petitioner : Ms.S.K.B.V.Srimathi For Respondents : Mr.R.Shanmugasundaram Advocate General Assisted by Mr.P.Thilakkumar Government Pleader
O R D E R
(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition has been filed by the petitioner, seeking for a direction upon the respondents to appoint an Arangavalar Committee (Trustee Committee) headed by an Hon'ble Retired Judge Page 1/3
in all Hindu Temples in Tamil Nadu, to appoint a social activist, a devotee, a scheduled caste person and a woman to the Arangavalar Committee (Trustee Committee) by considering the petitioner's representation.
2.Heard Mr.S.K.B.V.Srimathi, learned counsel for the petitioner and Mr.R.Shanmugasundaram, learned Advocate General, appearing for the respondents.
3.By consent of both sides, this Writ Petition itself is taken up for final disposal at the time of admission. 4.The Writ Petition is originally filed by the party-in-person and thereafter, change of Vakalat has been filed by M/s.R.Kannan and S.K.B.V.Srimathi, Advocates.
5.In the affidavit filed in support of the Writ Petition, the petitioner has mentioned that several of the Hindu Temples in Tamil Nadu were not maintained well and they were destroyed. Hence, he sought for appointing an Arangavalar Committee (Trustee Committee) headed by an Hon'ble Retired Judge in all the Hindu Temples with a social activist, a devotee, a scheduled caste person and a woman as its Members to manage the Hindu Temples. In this regard a representation was sent by the petitioner to the Government on 10.11.2021.
6.The learned Advocate General, appearing for the respondents, submitted that for appointment of Trustees, already applications were called for and it will be scrutinised and Trustees will be appointed to the Hindu Temples.
7.The learned counsel for the petitioner would submit that it is only an empty formality. The petitioner also cites the case of Sree Padmanabhasamy Temple in Kerela State and relied on the judgment of the Hon'ble Supreme Court and the directions given to form Padmanabhasamy Temple Committee and submitted that there should be a Committee in similar lines even in the Hindu Temples in Tamil Nadu.
8.Learned Advocate General pointed out that as per Section 47 (1)(c) of The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, (Tamil Nadu Act 22 to 1959), every Board of Trustees constituted under clause (a) or clause (b) shall consist of not less than three and not more than five persons, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes and another one shall be a woman.
9.As already there is a statutory provision, as has been demanded by the petitioner, there is nothing for adjudication in Page 2/3
this Writ Petition and for issuing suitable directions. Hence, this Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note :
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To 1.The Secretary, Hindu Religious and Charitable Endowments Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.
+1 CC to M/s.SPL GP ( SR-38306[F] dated 13/12/2021 ) +1 CC to M/s.R.KANNAN, Advocate ( SR-38152[F] dated 10/12/2021 ) 09.12.2021 RK(21/12/2021) 3P 5C Page 3/3