Madras High Court
B.R.Velu Achari vs The State Of Tamilnadu on 16 November, 2021
W.P.Nos.4751 of 2019 and 24060 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.4751 of 2019 and 24060 of 2018
And
W.M.P.Nos.5386, 5387, 9592 of 2019,
28041, 28042, 28043 and 37474 of 2018
B.R.Velu Achari ... Petitioner in W.P.No.4751/2019
1.K.Murthy Achari
2.D.Jagadeesan Achari
3.D.Yuvaraj Achari
4.R.Rajendra Kumar Achari
5.P.Panchatram Achari ... Petitioners in W.P.No.24060/2018
Vs.
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
Tourism, Culture and Endowments Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam,
Chennai – 600 034.
3.The Joint Commissioner,
Chennai Circle,
Hindu Religious and Charitable Endowment Department,
Nungambakkam,
Chennai – 600 034. ... Respondents in both the W.Ps.
1/5
https://www.mhc.tn.gov.in/judis
W.P.Nos.4751 of 2019 and 24060 of 2018
Prayer in W.P.No.4751 of 2019:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorari calling for the records on the file of the
second respondent in his Proceedings in Na.Ka.No.2491/2018/A1
dated 04.09.2018 and quash the same.
Prayer in W.P.No.24060 of 2018:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records
relating to the order of the third respondent in
Na.Ka.No.2491/2018/A1 dated 04.09.2018 and to quash the same
and consequently directing the respondents 1 to 3 to fix the term of
office of the Board of Trustees as three years as per the Scheme
Decree in C.S,No.62 of 1933 dated 25.09.1935, passed by this
Hon'ble High Court, Madras for Chennai Sri Kalikambal Kamadeswarar
Devasthanam, No.244, Thambu Chetty Street, Chennai 600 001.
For Petitioners : Mr.M.V.Vijaya Baskar
in W.P.No.4751 of 2019
Mr.M.B.Baskar
in W.P.No.24060 of 2018
For Respondents : Mr.U.Baranidharan
Additional Government Pleader
in W.P.No.4751 of 2019
Mr.M.Maharajan
Special Government Pleader
in W.P.No.24060 of 2018
2/5
https://www.mhc.tn.gov.in/judis
W.P.Nos.4751 of 2019 and 24060 of 2018
COMMON ORDER
The petitioners are erstwhile Office bearers of Aurlmigu Sri
Kalikambal Udanurai Kamateeswarar Temple. According to the
petitioners, the said Temple is denominational in nature and there is
a Scheme Decree and contrary to the Scheme Decree, the
Government fixed the period of Trusteeship as two years instead of
three years as mandated in the Scheme Decree. Challenging the
same, the petitioners have filed these writ petitions.
2.Some of the petitioners herein filed O.S.A.Nos.133 and 135 of
2019 before the Hon'ble Division Bench of this Court challenging the
conduct of election and appointment of Fit person as per the Scheme
Decree and the Hon'ble Division Bench of this Court vide judgment
dated 06.11.2019 rejected the Scheme Decree and directed the
Government to conduct election. The said issue became final. It
appears that subsequent to the order of the Hon'ble Division Bench of
this Court, election was conducted and newly elected Committee has
taken charge of the Temple.
3.In view of the above, these writ petitions are dismissed.
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https://www.mhc.tn.gov.in/judis
W.P.Nos.4751 of 2019 and 24060 of 2018
However, liberty is granted to the petitioners to work out the remedy
in the manner known to law. No costs. Consequently, the connected
miscellaneous petitions are closed.
16.11.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
Tourism, Culture and Endowments Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam,
Chennai – 600 034.
3.The Joint Commissioner,
Chennai Circle,
Hindu Religious and Charitable Endowment Department,
Nungambakkam,
Chennai – 600 034.
4/5
https://www.mhc.tn.gov.in/judis
W.P.Nos.4751 of 2019 and 24060 of 2018
M.DHANDAPANI,J.
pri
W.P.Nos.4751 of 2019
and 24060 of 2018
And
W.M.P.Nos.5386, 5387,
9592 of 2019, 28041,
28042, 28043 and
37474 of 2018
16.11.2021
https://www.mhc.tn.gov.in/judis
