Madras High Court
A.Gajapathy vs A.Baskaran on 7 June, 2021
W.A.No.1449 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.A.No.1449 of 2021
and
C.M.P.No.9011 of 2021
A.Gajapathy
S/o.Late C.B.Arumugam Chettiar,
Chariman Board of Hereditary Trustee,
A/m.Kadumbadi Chinnamman Temple,
53, JayaramChetty Street,
Saidapet West, Chennai – 600 015. ...Appellant
Vs.
1.A.Baskaran,
S/o.C.B.Arumugam,
No.33, Vaniyar Street,
West Saidapet,
Chennai – 600 015.
2.S.Sumathi,
D/o.C.V.Arumugam Chettiar,
W/o.Srinivasan,
No.33, Vaniyar Street,
West Saidapet,
Chennai – 600 015.
1/8
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W.A.No.1449 of 2021
3.The Principal Secretary,
Tourism, Culture and Religious
Endowment Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai – 8.
4.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
119, Nungambakkam High Road,
Nungambakkam, Chennai – 600 034.
5.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
119, Nungambakkam High Road,
Nungambakkam, Chennai – 600 034.
6.The Chief Auditing Officer,
Hindu Religious and Charitable
Endowments Department,
119, Nungambakkam High Road,
Nungambakkam, Chennai – 600 034.
7.S.Kasturi Bai,
W/o.Sundaram,
No.76, First Cross Street,
(First Floor), VRD Nagar,
Madhavaram, Chennai – 600 060.
8.V.Ramani Bai,
W/o.Vaideswaran,
No.37/12, Ramapuram,
Ramasamy Street,
Saidapet West, Chennai – 600 015.
2/8
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W.A.No.1449 of 2021
9.C.P.Prabhakaran,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
10.S.Adhi Lakshmi,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
11.S.Shankar,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
12.Kanniappan,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
13.Ganesan,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
14.B.Rani,
W/o.Late Baskaran,
No.3/411, Third Cross Street,
Periyar Nagar, Pazayapettai Post,
Krishnagiri – 635 001.
15.M.Prema,
No.7/51, Parangush Street,
P.V.Kalathur,
Chengalpattu District.
16.P.Latha
No.7/405, Kamaraj Salai,
Kovilambakkam,
Chennai – 600 117.
3/8
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W.A.No.1449 of 2021
17.S.Vijayalakshmi
W.o.Sripathy,
No.4/287, Vignarajapuram 6th Cross Street,
Vengaivasal Post,
Selaiyur, Chennai – 600 015.
18.A.Venkatesan,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
19.C.Anusuya,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
20.V.Banumathy,
W/o.Velayutham,
No.4/128, 2nd Street,
Durga Nagar, Nanmangalam,
Chennai – 600 015.
21.C.Sridhar,
S/o.Chandrasekar Chettiyar,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
22.E.Shanthi,
W/o.M.Egambaram (Kannappar Illam)
No.4/30, Perumal Koil Extension Street,
Saidapet West,
Chennai – 600 015.
23.S.Sumathy,
W/o.Srinivasan,
No.9/3, Periyar Ramasamy Street,
West Mambalam,
Chennai – 600 033.
4/8
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W.A.No.1449 of 2021
24.K.Mahalakshmi,
W/o.Krishnamurthy,
No.143/50-I, Old Mambalam Road,
West Mambalam,
Chennai – 600 033.
25.A.Selvakumar,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015.
26.A.Ravi,
No.2/33, Vaniyar Street,
Saidapet West, Chennai – 600 015. ... Respondents
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order dated 07.04.2021 made in W.M.P.No.817 of 2021 in W.P.No.2610 of
2020 on the file of this Court by allowing the Appeal.
For Appellant : Mr.W.M.Abdul Majeed
For Respondents : Mr.V.Srikanth for R2.
:Mr.Richardson Wilson
State Government Counsel for R3 to R6.
JUDGMENT
(Order of the court was made by N.KIRUBAKARAN.J.,)
The matter was heard through "Video Conference".
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W.A.No.1449 of 2021
2.The Writ Petition has been filed by the Second Respondent to implement
Paragraph No.4 of the order dated 14.07.2014. Pending disposal of the Writ
Petition, an impleading Petition has been filed by the First Respondent to implead
himself in the proceedings as he claims to be the erstwhile trustee of Arulmigu
Kadambadi Chinnamman Temple, Saidapet, Chennai.
3.Originally, the Learned Single Judge of this Court ordered a de novo
enquiry on 04.11.2020, regarding the allegations on the Management of the
Trustee. Taking note of the fact that de novo proceedings have not been conducted
by the Commissioner, this Court, while impleading the First Respondent has
directed Ms.Renuka Devi, Joint Commissioner to carry out the enquiry by order
dated 04.11.2020.
4.It is seen that the allegations of mismanagement are against all the parties
including the Original Writ Petitioner and other private Respondents and the
impleading Petitioner. When that is the position, it is appropriate to implead all the
parties viz., erstwhile hereditary trustees in the proceedings so that in the later date,
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W.A.No.1449 of 2021
no party should claim that they have not been made as a party and in their absence
order has been passed. Therefore, the Learned Single Judge has rightly impleaded
the First Respondent in the proceedings and there cannot be any valid objection by
the Learned Counsel for the Appellant for the same. It is also seen that in the
interest of all the parties, the impleading Petition has been allowed.
5.Hence, the Appeal fails and the same is dismissed. No costs.
Consequently, connected Miscellaneous petition is closed.
[N.K.K.,J.] [T.V.T.S.,J.]
07.06.2021
ay/sai
Index: Yes/No
Internet: Yes/No
To
1.The Principal Secretary,
Tourism, Culture and Religious
Endowment Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai – 8.
https://www.mhc.tn.gov.in/judis/
W.A.No.1449 of 2021
N.KIRUBAKARAN, J.
AND
T.V.THAMILSELVI , J.
ay
2.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
119, Nungambakkam High Road,
Nungambakkam, Chennai – 600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable W.A.No.1449 of 2021
Endowments Department,
119, Nungambakkam High Road,
Nungambakkam, Chennai – 600 034.
4.The Chief Auditing Officer,
Hindu Religious and Charitable
Endowments Department,
119, Nungambakkam High Road,
Nungambakkam, Chennai – 600 034.
Dated:07.06.2021
https://www.mhc.tn.gov.in/judis/
