Madras High Court
Hindu Dharma Parishad vs The State Of Tamil Nadu on 9 December, 2021
W.P(MD)No.21615 of 2021
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
W.P(MD)No.21615 of 2021
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
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W.P(MD)No.21615 of 2021
For Respondents : Mr.R.Shanmugasundaram
Advocate General
Assisted by
Mr.P.Thilakkumar
Government Pleader
ORDER
(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 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.
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W.P(MD)No.21615 of 2021
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.
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W.P(MD)No.21615 of 2021
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 this Writ Petition
and for issuing suitable directions. Hence, this Writ Petition stands
dismissed. No costs.
[P.S.N.,J] [P.V.,J.]
09.12.2021
Index :Yes/No
Internet :Yes/No
sj
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 Secretary,
Hindu Religious and Charitable Endowments Department,
Fort St. George, Secretariat,
Chennai – 600 009.
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W.P(MD)No.21615 of 2021
2.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai – 34.
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W.P(MD)No.21615 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
sj
W.P(MD)No.21615 of 2021
09.12.2021
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