Madras High Court
Kamalapathy Charitable Trust vs The Executive Officer on 6 September, 2022
W.A.Nos.1971 and 1975 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
Writ Appeal Nos.1971 and 1975 of 2022
1.Kamalapathy Charitable Trust,
14, Bharathi Nagar, Kavelcherry Road,
Thirumazhisai, Thiruvallur District,
Thiruvallur-600 124
rep. by its Trustee S.Srinivasan
2.R.Balaji
3.V.S.Velaayutham .. Appellants
Vs
1.The Executive Officer,
Arulmigu Thirukacchi Nambigal and
Varadaraja Perumal Thirukoil,
Poonthamallee, Thiruvallur - 600 056,
Thiruvallur District.
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W.A.Nos.1971 and 1975 of 2022
2.The Commissioner,
Hindu Religious and Charitable Endowments
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 600 034.
3.Nandu
Paricharakar
Arulmigu Thirukacchi Nambigal and
Varadaraja Perumal Thirukoil,
Poonthamallee, Thiruvallur-600 056
Thiruvallur District. .. Respondents
Prayer : Writ Appeals filed under Clause 15 of the Letters Patent
against the common order dated 25.4.2022 passed in W.P.Nos.10162
and 10149 of 2022.
For the Appellant : Mr.S.Sridharan
in both appeals
For the Respondents : Mr.A.K.Sriram
in both appeals for M/s.A.S.Kailasam & Associates
for respondent No.1
: Mr.N.R.R.Aun Natarajan
Spl. Govt. Pleader (HR & CE)
for respondent No.2
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
These writ appeals have been filed to challenge the order
dated 25.4.2022 passed in W.P.Nos.10149 and 10162 of 2022,
wherein the writ petition, being W.P.No.10149 of 2022, to challenge
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W.A.Nos.1971 and 1975 of 2022
the appointment of the third respondent on the post of Paricharakar
was dismissed. It was mainly on the ground that, according to the
appellants/writ petitioners, the third respondent was not belonging
to Vaikanasa Agama and therefore, he was not competent for
appointment. The other writ petition, being W.P.No.10162 of 2022,
to direct the respondents 1 and 2 to furnish certain information and
copy of documents was also dismissed on the ground that the
information and the documents sought by the appellants/writ
petitioners were not prayed for in the earlier writ petition, being
W.P.No.1016 of 2022.
2. The writ petitions, being W.P.Nos.10149 and 10162 of
2022, are in second round of litigation, otherwise the earlier writ
petition, being W.P.No.1016 of 2022, was disposed of with a
direction to the official respondents to consider the challenge to the
appointment. In the second round of litigation, the appellants/writ
petitioners could not place anything on record to show that the
temple in question belongs to a particular Agama and even that the
third respondent does not belong to Vaikanasa Agama family. The
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W.A.Nos.1971 and 1975 of 2022
burden of proof lies on the appellants/writ petitioners to prove their
case to challenge the order of appointment of the third respondent,
but they failed to discharge the obligation aforesaid.
3. A writ petition cannot be filed to challenge the order of
appointment based on presumption and without material to prove
that the third respondent was not belonging to Vaikanasa Agama.
In the absence of any material to prove the case, the learned Single
Judge dismissed the writ petitions.
4. We do not find any error or illegality in the order of the
learned Single Judge. It is more so, when no material was
submitted to show that the third respondent was not belonging to
Vaikanasa Agama. Even no material was produced to show that the
temple in question was constructed under the said Agama.
5. In view of the above and finding no merit in the appeals,
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W.A.Nos.1971 and 1975 of 2022
the same are dismissed. There will be no order as to costs.
Consequently, C.M.P.No.14448 of 2022 is closed.
(M.N.B., CJ.) (N.M., J.)
06.09.2022
Index : Yes/No
bbr
To
1.The Executive Officer,
Arulmigu Thirukacchi Nambigal and
Varadaraja Perumal Thirukoil,
Poonthamallee, Thiruvallur - 600 056,
Thiruvallur District.
2.The Commissioner,
Hindu Religious and Charitable Endowments
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 600 034.
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W.A.Nos.1971 and 1975 of 2022
THE HON'BLE CHIEF JUSTICE
AND
N.MALA,J.
bbr Writ Appeal Nos.1971 and 1975 of 2022 06.09.2022 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis