Madras High Court
Chella Perumal Pillai vs The Joint Commissioner on 9 February, 2021
W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.02.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
and
W.M.P.(MD)Nos.17598 of 2019 and 1634 of 2021
W.P.(MD)No.21002 of 2019:-
Chella Perumal Pillai : Petitioner
Vs.
1.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Trichy.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Trichy. : Respondents
PRAYER :- Petition filed under Article 226 of the Constitution of India seeking
a Writ of Mandamus, to forbear the respondents herein from in any manner
interfering in the petitioner's peaceful management of the Sri Kamatchiamman
Temple @ Anna Sri Kamatchiamman Temple by anyway including taking steps
to appoint fit person to the said temple situated at Kuthoor village,
Manachanallu Taluk, Tiruchirapalli District till the disposal of the case in
O.A.No.23 of 2019 pending on the file of the first respondent herein.
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W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
For Petitioner :Mrs.S.Mahalakshmi
For Respondent :Mr.K.P.Narayanakumar
Special Government Pleader
W.P.(MD)No.1893 of 2021:-
E.Chellaperumal : Petitioner
Vs.
1.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Tiruvanaikoil, Srirengam, Tiruchirapalli District.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Tiruvanaikoil, Srirengam, Tiruchirapalli District.
3.Thakkar / The Executive Officer,
Arulmigu Uthamar Koil Devasthanam Office,
Uthamar Koil, Pitchandar Koil Post,
Manachanallur Taluk, Tiruchirapalli District. : Respondents
PRAYER :- Petition filed under Article 226 of the Constitution of India seeking
a Writ of Certiorarified Mandamus, to call for the records of the proceedings
dated 21.10.2020 and 15.12.2020 passed by the 3rd respondent and quash the
same and forbearing the respondents not to interfere the petitioner's hereditary
trusteeship in the Pidari Sri Anaiyalathamman Sangilikaruppu Temple, Koothur
Village, Pitchandar Koil, Manachanallur Taluk, Trichy District has also been
averred in the Judgment and Decree in O.S.No.134 of 1913 on the file of
District Munsif of Srirangam dated 23.10.1914 as the petitioner's forefathers
were the founder and hereditary trustee till the disposal of the Original
Application in O.A.No.23 of 2019 pending before the 1st respondent.
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W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
For Petitioner :Mrs.S.Mahalakshmi
For R1 and R2 :Mr.K.P.Narayanakumar
Special Government Pleader
For R3 :Mr.C.Gunasekaran
****
COMMON ORDER
Heard the learned Counsel appearing on either side. Since the issues
involved in these writ petitions are one and same, these Writ Petitions are taken
up together for final disposal.
2.The Writ Petitioner, Chinnaperumal Pillai, claims that he is the
Hereditary Trustee-cum-Poojari of the petition mentioned temple. The said
temple has been brought under the purview of the HR & CE Department. The
third respondent has been appointed as Fit Person of the temple. The petitioner
has not so far challenged the appointment of Fit Person. He had only filed a
Writ Petition in W.P.(MD)No.21002 of 2019 for forbearing the HR & CE
Department from interfering with his management of the temple. So long
as the order appointing Fit Person is not formally challenged, I will not be
justified in restraining the HR & CE Department in this regard.
3.It is seen that the petitioner has already filed O.A.No.25 of 2014 before
the first respondent under Section 63(b) of the HR & CE Act. The petitioner
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W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
seeks declaration that the office of the trusteeship is Hereditary in nature. I am
of the view that the issue raised in these Writ Petitions will get resolved, if the
said O.A., is expeditiously disposed of. Hence, the Joint Commissioner, HR &
CE Department, Trichy, is directed to dispose of O.A.No.23 of 2019 on merits
and in accordance with law within a period of four months from the date of
receipt of a copy of this order.
4.In W.P.(MD)No.1893 of 2021, the Fit Person has issued show cause
notice calling upon the petitioner to appear and offer his explanation. The stand
of the Fit Person is that a number of properties endowed in favour of the temple
have been unlawfully alienated both by the petitioner and his father. Of-course,
the learned Counsel for the petitioner would controvert the allegations
regarding unlawful alienation. The stand of the petitioner that he has nothing to
do with the wrong committed by his father. Insofar as the properties alienated
by the petitioner are concerned, the learned Counsel for the petitioner would
submit the properties were sold only for the welfare of the temple.
5.These contentions are to be canvassed before the authorities concerned.
One of the main grounds urged by the learned Counsel for the petitioner is that
the petitioner being a Hereditary Trust-cum-Poojari, will not be amenable to the
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W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
disciplinary jurisdiction of the Fit Person. Since the petitioner has already filed
Original Application and I have also directed the competent authority to dispose
of the said Original Application, within four months from the date of receipt of
a copy of this order, the enquiry can go on and the Fit Person will not pass any
final orders till the disposal of the Original Application.
6.With the above, these Writ Petitions are disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
Index : Yes/No 09.02.2021
cmr
To
1.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Trichy.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Trichy.
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W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
G.R.SWAMINATHAN, J.
cmr
W.P.(MD)Nos.21002 of 2019 and 1893 of 2021
09.02.2021
http://www.judis.nic.in
