Madras High Court
K.M.Ramesh Babu vs The Joint Commissioner on 1 October, 2021
W.P.Nos.33741 of 2017 & 24712 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR
W.P.Nos.33741 of 2017 and 24712 of 2018
and W.M.P.Nos.17766 of 2018, 37376, 37377, 37378, 37379 of 2017,
28784 & 28749 of 2018
W.P.No.33741 of 2017
1. K.M.Ramesh Babu
S/o.Manikam
2. B. Mohanasundaram
S/o.Balakrishnan ... Petitioners
-Vs.-
1. The Joint Commissioner,
O/o.Joint Commissioner,
Hindu Religious & Charitable Endowments Department,
Salem – 636 001.
2. The Inspector,
Office of the Inspector, Salem Town,
Hindu Religious & Charitable Endowments Department,
Kottai Mariamman Temple Campus,
Salem – 636 001.
3. A/m.Kanika Parameswari Amman Devastham,
Rep. By its Managing Trustee,
A.B.Venugopala Chettiar,
8/417, Bazaar Street,
Salem – 636 001. ... Respondents
1/12
https://www.mhc.tn.gov.in/judis/
W.P.Nos.33741 of 2017 & 24712 of 2018
W.P.No.24712 of 2018
P. Balakrishnan
S/o.Late Padmanabhan .... Petitioner
-vs.-
1.The Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungambakkam High Road,
Chennai – 600 034.
2. The Joint Commissioner,
O/o.Joint Commissioner,
Hindu Religious & Charitable Endowments Department,
Salem – 636 001.
3. The Assistant Commissioner,
Hindu Religious & Charitable Endowments Department,
Kottai Mariamman Temple Campus,
Salem – 636 001.
4. The Inspector,
Hindu Religious & Charitable Endowments Department,
Kottai Mariamman Temple Campus,
Salem – 636 001.
5. Arul Migu Kanika Parameswari Amman Devasthanam,
Represented by its Managing Trustee,
8/417, Bazar Street, Salem – 636 001.
6. A.M.Venugopala Chettiar,
Managing Trustee,
Arul Migu Kanika Parameswari Amman Devasthanam,
8/417, Bazar Street,
Salem – 636 001. ...Respondents
2/12
https://www.mhc.tn.gov.in/judis/
W.P.Nos.33741 of 2017 & 24712 of 2018
Prayer inW.P.No.33741 of 2017:
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari, calling for entire records pertaining
to the impugned notice dated 12.07.2017 of the 1st respondent made in
Na.Ka.No.6858/2017/B2 and impugned notice dated 15.11.2017 of the
2nd respondent made in Na.Ka.No.71/2017 and quash the same.
Prayer inW.P.No.24712 of 2018:
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents 1 to 4
herein to appoint a special officer for the 5th respondent Devasthanam
exclusively to verify all the accounts for the preceding years, take stock
of the entire movable, immovable properties and the jewels of the deity
and prepare voters list and conduct election as per the scheme decree and
thereafter hand over the management and affairs of the Arul Migu Kanika
Parameswari Amman Devasthanam, 8/417, Bazar Street, Salem – 636
001, to the newly elected trustees.
For Petitioner in W.P.No.33741 of 2017 : Mr.V.Srikanth
For Petitioner in W.P.No.24712 of 2018 : Mr.G.Arul Murugan
For Respondents in W.P.No.33741 of 2017 : Mr.NRR.Arun Natarajan
Government Advocate
for R1 & R2
No Appearance for R3
For Respondents in W.P.No.24712 of 2018 : Mr.NRR.Arun Natarajan
Government Advocate
for R1 to R4
No Appearance for R5 & R6
******
https://www.mhc.tn.gov.in/judis/
W.P.Nos.33741 of 2017 & 24712 of 2018
COMMON ORDER
This common order will govern the captioned two writ petitions
and all writ miscellaneous petitions [WMPs] thereat.
2. Captioned writ petitions pertain to a temple which goes by the
name 'Sri Kannika Parameswari Temple situate at Big Bazaar Street,
Salem District' [hereinafter 'said Temple' for the sake of convenience and
clarity].
3. When the matter was taken up today, the trajectory which it took
makes it unnecessary to dilate on facts, the same will be set out infra
elsewhere in this order. Suffice to say that said Temple is governed by a
scheme having been duly settled under 'The Tamil Nadu Hindu Religious
and Charitable Endowments Act, 1959 (Tamil Nadu Act No.22 of 1959)',
which shall hereinafter be referred to as 'TN HR&CE Act' and various
issues cropped up in the administration of said Temple leading to filing
of the captioned writ petitions.
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W.P.Nos.33741 of 2017 & 24712 of 2018
4. There is no disputation that the Trustees have to be appointed.
In W.P.No.24712 of 2018, a counter affidavit has been filed by second
respondent therein i.e., Jurisdictional Joint Commissioner i.e., Joint
Commissioner, Salem and paragraph No.7 of the said counter affidavit is
of relevance. Paragraph No.7 of counter affidavit of Joint Commissioner
reads as follows:
'7. The averments in para 17 of the affidavit are partly correct
and mostly false. It is true to say that this respondent had passed an
order in Na.Ka.No.6858/2017/A2 dated 30.1.2018 to stop the
election proceeding until further order is passed. This respondent
submits that the temple management had sent a letter to appoint an
election officer in the grade of Assistant Commissioner. Accordingly
this respondent appointed the Assistant Commissioner, H.R & C.E of
Arulmigu Sugavaneswarar Temple, Salem as election officer in
Na.Ka.6858/2017/A2 dated 24.1.2018. It is further submitted that
the petitioner herein once again sent a complaint letter on 25.1.2018
to stop the election. Therefore this respondent passed the above
order. Further the petitioner herein filed a suit in O.S.65/2018
before the District Munsif Court, Salem and the same is pending.'
5. Regarding the suit mentioned therein i.e., O.S.No.65 of 2018,
this Court is informed that the suit has been withdrawn unconditionally
on 15.04.2019. The memo of withdrawal and judgement have also been
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W.P.Nos.33741 of 2017 & 24712 of 2018
placed before this Court. Scanned reproduction of memo of withdrawal
and judgment are as follows:
https://www.mhc.tn.gov.in/judis/
W.P.Nos.33741 of 2017 & 24712 of 2018
https://www.mhc.tn.gov.in/judis/
W.P.Nos.33741 of 2017 & 24712 of 2018
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W.P.Nos.33741 of 2017 & 24712 of 2018
6. The aforementioned suit has been filed with a prayer to restrain
TNHR&CE Department from conducting election on a particular day and
seeking directions i.e., mandatory injunction qua TNHR&CE
Department. This suit is clearly barred by Section 108 of TNHR&CE
Act, which reads as follows:
'Section 108. Bar of suits in respect of administration
or management of religious institutions, etc., - No suit or
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W.P.Nos.33741 of 2017 & 24712 of 2018
other legal proceeding in respect of the administration or
management of a religious institution or any other matter or
dispute for determining or deciding which provision is made
in this Act shall be instituted in any Court of Law, except
under, and in conformity with, the provisions of this Act.'
7. However, as a legal quietus has been given to the suit by
withdrawal, I deem it appropriate to leave it that in this order. Reverting
to paragraph No.7 of counter affidavit of the Jurisdictional Joint
Commissioner, the same is a complete answer to lis as conduct of
elections for Trustees as per the scheme qua said Temple will give a
quietus to the whole matter. Let the second respondent in W.P.No.24712
of 2018 i.e., Jurisdictional Joint Commissioner being Joint Commissioner
O/o.Joint Commissioner, Hindu Religious and Charitable Endowments
Department, Kottai Mariamman Temple Campus, Salem, conduct
election qua said Temple in accordance with the scheme as expeditiously
as the official business of respondent would permit and in any event,
within four months from today i.e., on or before 04.02.2022.
8. The above draws the curtains on the captioned writ petitions. In
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W.P.Nos.33741 of 2017 & 24712 of 2018
the light of the trajectory as already alluded to supra, the captioned Writ
Petitions are disposed of by making this simple order. Though obvious,
it is made clear that no view or opinion on merits of the matter has been
expressed in this order. Consequently, connected WMPs are disposed of
as closed. There shall be no order as to costs.
01.10.2021
Speaking/Non-speaking order
Index: Yes/No
Internet : Yes/No
mk
https://www.mhc.tn.gov.in/judis/
W.P.Nos.33741 of 2017 & 24712 of 2018
M.SUNDAR.J.,
mk
To
1. The Joint Commissioner,
O/o.Joint Commissioner,
Hindu Religious & Charitable Endowments Department,
Salem – 636 001.
2. The Inspector,
Office of the Inspector, Salem Town,
Hindu Religious & Charitable Endowments Department,
Kottai Mariamman Temple Campus, Salem – 636 001.
3.The Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungambakkam High Road, Chennai – 600 034.
4. The Joint Commissioner,
O/o.Joint Commissioner,
Hindu Religious & Charitable Endowments Department,
Salem – 636 001.
5. The Assistant Commissioner,
Hindu Religious & Charitable Endowments Department,
Kottai Mariamman Temple Campus,
Salem – 636 001.
6. The Inspector,
Hindu Religious & Charitable Endowments Department,
Kottai Mariamman Temple Campus,
Salem – 636 001.
W.P.No.33741 of 2017 and 24712 of 2018
and W.M.P.Nos.17766 of 2018, 37376, 37377, 37378, 37379 of 2017,
28784 & 28749 of 2018
01.10.2021
https://www.mhc.tn.gov.in/judis/
