Madras High Court
M.Thangaraj vs The Commissioner on 29 October, 2021
W.P(MD)No.18824 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.18824 of 2021
and
W.M.P.(MD).Nos.15637 and 15638 of 2021
M.Thangaraj ... Petitioner
Vs.
1.The Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowment Department,
Nungambakkam,
Chennai.
2.The Joint Commissioner,
Hindu Religious and
Charitable Endowment Department,
Madurai at present Dindigul.
3.The Managing Trustee,
Arulmigu Kottaimariamman Temple,
Dindigul. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records of the third respondent dated 06.08.2021 issued for filling up of the
office of trusteeship which fell vacant due to the death of
S.M.D.R.Kamalanathan on 21.05.2021, quash the same, as the same is arbitrary,
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W.P(MD)No.18824 of 2021
ultravires, in complete contravention to the judgment and decree dated
06.03.1978 made in A.S.No.48/1975, and consequentially direct the third
respondent to consider the application presented by petitioner for appointment
as trustee on 06.06.2021 in consonance with the judgment and decree dated
06.03.1978.
For Petitioner : Mr.R.G.Shankar Ganesh
For R-1 and R-2 : Mr.P.Subbaraj,
Counsel for State.
For R-3 : Mr.V.R.Shanmuganathan
ORDER
The petitioner assails a notice dated 06.08.2021 by which
applications were called for appointment of a hereditary trustee from duly
qualified near relatives.
2. The said notice is assailed by the petitioner by relying upon the
judgment in O.S.No.55 of 1969 and A.S.No.48 of 1975. The petitioner states
that the eligibility for applying to the post should not be restricted to near
relatives of the deceased hereditary trustee.
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W.P(MD)No.18824 of 2021
3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of respondents 1 and 2 and Mr.V.R.Shanmuganathan, learned Standing
Counsel, accepts notice on behalf of the third respondent.
Mr.V.R.Shanmuganathan points out that an earlier notice on the same lines had
been issued on 18.12.2019. Such notice was assailed in W.P.(MD).No.8330 of
2019 and related cases. By order dated 25.02.2020, he points out that the said
Writ Petitions were disposed of by directing the petitioners concerned to
approach the Joint Commissioner of the Hindu Religious and Charitable
Endowments Department to seek the relief prayed for in the Writ Petition. He
also points out that pursuant to the impugned notice, the selection of the
hereditary trustee has been made and forwarded to the Joint Commissioner for
approval. As such, he submits that the Writ Petition is not maintainable and
that the petitioner should approach the Joint Commissioner.
4. Upon considering the aforesaid submissions, it is clear that the
petitioner has an alternative remedy before the Joint Commissioner. In
previous Writ Petitions which dealt with the same subject, the petitioners were
directed to approach the Joint Commissioner.
5. Accordingly, W.P.(MD).No.18824 of 2021 is disposed of
without any order as to costs by leaving it open to the petitioner to approach the
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W.P(MD)No.18824 of 2021
Joint Commissioner of the Hindu Religious and Charitable Endowments
Department to seek the relief prayed for herein. Consequently, W.M.P.
(MD).Nos.15637 and 15638 of 2021 stand closed.
29.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/LM/nsr
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 Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowment Department,
Nungambakkam,
Chennai.
2.The Joint Commissioner,
Hindu Religious and
Charitable Endowment Department,
Madurai at present Dindigul.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18824 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/LM/nsr
W.P(MD)No.18824 of 2021
29.10.2021
https://www.mhc.tn.gov.in/judis/
