Madras High Court
The Idol Of Arulmighu Sri vs The Hindu Religious And ... on 4 April, 2022
W.P.(MD).No.16741 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.04.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD).No.16741 of 2013
and
M.P(MD)Nos.1 to 3 of 2013
The Idol of Arulmighu Sri
Vadabadrakaliamman Private Temple and
Trust represented by its Hereditary
Poojakar and trustee Dr.M.Deivasigamani Swamigal, (late)
No.24-B, Kalliammankovil Street,
Chinthamani,
Tiruchirappalli-2. ... Petitioner
P2.D.Anjalai ... Proposed Petitioner
(2nd petitioner is substituted of the deceased sole petitioner vide Court
order, dated 08.09.2016 in W.M.P(MD)No.10552 of 2016)
Vs.
1.The Hindu Religious and Charitable Endowment,
Represented by its Commissioner,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Tiruchirappalli.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment,
Rockfort,
Tiruchirappalli-2.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16741 of 2013
4.The Executive Officer,
Bairavanatha Swami Temple,
Tiruchirappalli-8. ...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 in Se.Mu.Ka.No.3125/13/A5, dated 27.09.2013
and quash the same and consequently forbearing the respondents from
intervening with the peaceful possession and enjoyment of the petitioner temple
in any manner whatsoever.
For Petitioner : Mr.J.Maria Roseline
For R-1 to R-3 : Mr.P.Subbaraj,
Special Government Pleader.
For s R-4 : Mr.S.Devasena
ORDER
The petitioner has filed this writ petition for a Certiorarified Mandamus,
to call for the records of the third respondent in Se.Mu.Ka.No.3125/13/A5,
dated 27.09.2013 and quash the same and consequently forbearing the
respondents from intervening with the peaceful possession and enjoyment of
the petitioner temple.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16741 of 2013
2. After hearing the learned Counsel for the petitioner and the official
respondent, this writ petition is taken up for final hearing. The petitioner had
challenged impugned order, dated 27.09.2013 of the third respondent
appointing the fourth respondent as a fit person of Arulmigu Sri
Vadabadrakaliamman Temple located in No.24B Kaliamman Kovil Street,
Cinthamani, Trichy-2. It is the specific case of the petitioner that the Temple,
which is a private Temple and the Temple is situated in a patta land belong to
the founder namely, Dharmalingam Pillai.
3. The learned Counsel for the petitioner further submits that a suit in this
connection was filed as early as 1967 in O.S.No.152 of 1967 and that the suit
was decreed as prayed for wherein, the third respondent herein was also a
defendant. It is submitted that despite the same, the third respondent has
proceeded to appoint the fourth respondent as the fit person based on a report of
an Inspector, dated 27.09.2013, copy which was also not furnished to the
petitioner. It is further the case of the petitioner that the petitioner had also sent
a legal notice on 04.11.2008 and despite the same impugned order has been
passed.
4. The learned Special Government Pleader for the official respondent is
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16741 of 2013
unable to confirm whether any appeal was filed against the judgment and
decree in O.S.No.152 of 1967 which came to be decreed on 02.02.1971.
Considering the above, I am inclined to dispose of this writ petition by
quashing the impugned order with liberty to the third respondent to issue
appropriate notice to the petitioner before proceeding to appoint a fit person.
The third respondent shall consider the judgment and decree of the trial Court
namely, the District Munsif Court at Trichy in O.S.No.152 of 1967 vide
judgment and decree, dated 02.02.1971 before taking a decision as to whether it
is a fit case for appointing a fit person under the provisions of the Hindu
Religious and Charitable Endowments Act.
5. The writ petition stands allowed in terms of the above observations.
No costs. Consequently, connected Miscellaneous Petitions are closed.
04.04.2022
Index : Yes / No
Internet : Yes/ No
btr
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.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16741 of 2013
To
1.The Hindu Religious and Charitable Endowment,
Represented by its Commissioner,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Tiruchirappalli.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment,
Rockfort,
Tiruchirappalli-2.
4.The Executive Officer,
Bairavanatha Swami Temple,
Tiruchirappalli-8.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16741 of 2013
C.SARAVANAN,J.
btr
W.P.(MD).No.16741 of 2013
04.04.2022
https://www.mhc.tn.gov.in/judis
