Madras High Court
Vandiyoor Sri Nachiyarammal vs The Special Commissioner And ... on 20 April, 2021
W.A.(MD)No.858 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.858 of 2021
and
CMP(MD).No.3819 of 2021
1. Vandiyoor Sri Nachiyarammal
Vagaira Religious Endowment,
rep. by its Managing Trustee,
M.Thiruppathi
2. M.Thiruppathi
... Appellants/Petitioners
Vs
1. The Special Commissioner and Commissioner,
H.R.&C.E.Department,
Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowment Department,
Madurai - 625 002. .
3. Ananthan
4. Pitchai Ammal
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W.A.(MD)No.858 of 2021
5. Alagu Sundaram
... Respondents/Respondents
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 09.09.2020, passed in W.P(MD).No.9332 of 2013.
For Appellants : Mr.S.Ramesh
For Respondents : Mr.K.P.Narayanakumar,
Special Government Pleader,
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.S.Ramesh, learned Counsel appearing for the appellants
and Mr.K.P.Narayana Kumar, learned Special Government Pleader
appearing for the respondents.
2. This appeal filed by the unsuccessful writ petitioner is directed
against the order dated 09.09.2020 passed in W.P(MD).No.9332 of 2013, by
which, the appellant challenged the order passed by the second respondent
appointing trustees to Vandiyoor Sri Nachiyarammal Vagaira Religious
Endowment.
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W.A.(MD)No.858 of 2021
3. The learned Counsel for the appellants would vehemently contend
that the scheme decree which has been passed in O.S.No.96 of 1956 and
modified in O.S.No.10 of 1997, is not applicable to the said Trust as it is a
private Trust. Therefore, it is submitted that the learned Single Bench ought
not to have directed the appellant to go before the Joint Commissioner,
Tirunelveli, and raised all contentions.
4. In our considered view, as long as the scheme decree is in vogue
and in operation, it will bind the Department and all the parties concerned
and the appointment of trustees shall be strictly in accordance with the
scheme decree. Therefore, if the appellants are aggrieved by the scheme
decree, they can challenge the same before the appropriate Forum and not
by way of the writ petition.
5. Therefore, we are of the considered view, no relief can be granted
to the appellants in this appeal except to observe that if at all, the appellants
are aggrieved by the scheme decree, it is open to them to invoke other
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W.A.(MD)No.858 of 2021
remedies available under the law. Accordingly, the writ appeal stands
dismissed. No costs.
(T.S.S.,J.) (S.A.I.,J.)
20.04.2021
Index : Yes/No
Internet : Yes/No
pkn
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
To
1. The Special Commissioner and Commissioner,
H.R.&C.E.Department,
Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowment Department,
Madurai - 625 002.
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https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.858 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
W.A.(MD) No.858 of 2021
20.04.2021
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