Madras High Court
Gowri Ammal vs The Commissioner on 11 April, 2022
W.P.No.8965 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.8965 of 2022
and
W.M.P.Nos.8792, 8793 & 8797 of 2022
Sri Kadumbadi Amman @ Kadumbadi Chinnamman Temple
rep. by its Trustees
1.Gowri Ammal
2.T.M.Parameswari
3.T.M.Murali
4.T.M.Thanigachalam
5.T.M.Kalpana .. Petitioners
Vs.
1.The Commissioner,
Greater Chennai Corporation,
Ripon Buildings,
Chennai – 600 003.
2.The Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowments Department,
Nungambakkam, Chennai – 600 034.
1/10
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
3.The Joint Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowments Department,
No.130, R.K.Mutt Road, Mylapore,
Chennai – 600 004.
4.The Assistant Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowments Department,
No.130, R.K.Mutt Road, Mylapore,
Chennai – 600 004.
5.The Inspector of Police,
Crime Branch, D4 Police Station,
Zambazar, Royapettah,
Chennai – 600 014.
6.Aravind .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, directing the Respondents 2 to 4
not to disturb the Petitioner Temple without due process of law.
For Petitioners : Ms.S.Vijayalakshmi
for Mr.K.Narasimhan
For R1 : Mr.P.Manoj Kumar
Standing Counsel
(Chennai Corporation)
For RR 2 to 4 : Mrs.M.Geetha Thamaraiselvan
Special Government Pleader
For R5 : Mr.R.Kumaravel
Additional Government Pleader
2/10
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
ORDER
The petitioner has come out with the present Writ Petition for a
direction to the respondents 2 to 4 not to disturb the petitioner without due
process of law.
2.By consent of both sides, this Writ Petition is taken up for final
disposal at the admission stage itself.
3.Heard the learned counsel appearing for the petitioner, learned
Standing Counsel appearing for 1st respondent, learned Special Government
Pleader appearing for respondents 2 to 4 as well as the learned Additional
Government Pleader appearing for the 5th respondent and perused the entire
materials on record.
4.According to the petitioners, Sri Kadumbadi Amman @ Kadumbadi
Chinnamman Temple was constructed by their ancestor P.Ramasamy Chettiar
in the year 1882. The Temple is comprised in R.S.No.26, Block No.17,
measuring to an extent of 3 grounds and 75 sq.ft. The petitioners ancestor
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
P.Ramasamy Chettiar was managing the affairs of the temple. Subsequently,
the family members of the petitioners were managing the affairs of the
Temple as Hereditary Trustees. On 01.12.2003, the Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowments Department has
appointed the Executive Officer of Arulmighu Sithi Pudhi Vinayagar and
Sundareswar Temple, Royapettah, Chennai – 600 034, as Fit Person of the
petitioners' Temple. Challenging the said order dated 01.12.2003, the
husband of 1st petitioner and father of the petitioners 2 to 5, preferred an
appeal before the Commissioner, Tamil Nadu Hindu Religious and Charitable
Endowments Department, Chennai. The Commissioner, after conducting
enquiry, by the order dated 14.07.2004, allowed the appeal and set aside the
order dated 01.12.2003. The Commissioner, in his order dated 14.07.2004,
while setting aside the order of appointment of Fit Person to the petitioners'
Temple, held that there need not be any application to declare the persons
who are in next in line of succession of Hereditary Trustees of petitioners'
Temple. Subsequently, the 1st petitioner's husband and father of petitioners 2
to 5 viz., T.Mani Chettiar, was holding office of the Hereditary Trustee of the
petitioner Temple and was maintaining and administering the Temple. The
said T.Mani Chettiar died on 14.02.2018. After the death of T.Mani Chettiar,
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
the petitioners have filed application under Section 54(1) of the Tamil Nadu
Hindu Religious and Charitable Endowments Act, 1959, for declaring them
as Hereditary Trustees, even though there is no necessity for filing application
in view of the judgment of this Court reported in 1990 (1) LW 144, [Prem
Anand Vs. The Commissioner, Hindu Religious and Charitable
Endowments, Madras and another]. After hearing the said application, the
Joint Commissioner reserved orders on 02.01.2019. Till now, no orders is
passed on the said application.
5.Earlier, the 1st petitioner's husband and father of petitioners 2 to 5 has
filed O.A.No.14 of 1998 under Section 63(a) of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959, to declare that petitioners'
Temple is not a religious institution as defined under Section 6(18) of the Act.
During pendency of O.A.No.14 of 1998, the 1st petitioner's husband and
father of petitioners 2 to 5 died. After the death of said T.Mani Chettiar, the
petitioners were impleaded in the said application by the order dated
29.08.2018 and the said application is pending. While so, the 6th respondent
with intention to grab the Temple property claiming to be the Secretary of
'Arulmighu Kadumbadi Chinnamman Thirukkoil Retrieval Committee', is
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
creating problem in the administration of the Temple. The officials of the
Temple are colluding with 6th respondent.
6.On 09.12.2021, some unidentified persons came to the Temple
premises and threatened the petitioner to open the Temple for inspection.
When the petitioners demanded their identity, they informed the petitioners
that they are the officials of the Tamil Nadu Hindu Religious and Charitable
Endowments Department. The petitioners gave a complaint to the 5th
respondent on 06.01.2022. Again on 08.01.2022, some unknown persons, not
connected with Temple, trespassed into the Temple premises and threatened
the petitioners. When the petitioners demanded their identity, they left the
place. Again the petitioners lodged a complaint before the 5th respondent on
08.01.2022. The 5th respondent based on the complaint, found that the said
person is one Velayudham, who is the Temple staff of Ellaiamman Temple,
Triplicane, Chennai – 600 005. The 5th respondent has warned the said
Velayudham not to indulge in such activities, without any warrant or
intimation from the Department. Again the petitioners have lodged a
complaint on 12.01.2022 and also complaint through e-mail on 31.01.2022 to
the 1st respondent and another written complaint to the 5th respondent.
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
7.According to the petitioners, the action of the officials of the Tamil
Nadu Hindu Religious and Charitable Endowments Department are nothing
but purposely causing threat to the petitioners to prevent them from getting
order in O.A.No.14 of 1998, pending before the Joint Commissioner, Tamil
Nadu Hindu Religious and Charitable Endowments Department, Chennai, the
3rd respondent herein. The learned counsel appearing for the petitioners
further submitted that the Inspector of Vigilance and Anti-Corruption,
Chennai also forwarded the complaint given by the petitioners to the 1st
respondent, requesting to take action. The officials of the Department,
without following due process of law, is directing to take over the
management by illegal manner and are threatening the petitioners. In such
circumstances, the petitioners have come out with the present Writ Petition as
the 1st respondent has not passed any orders in the representation.
8.Mrs.M.Geetha Thamaraiselvan, learned Special Government Pleader
appearing for the respondents 2 to 4 submitted that the petitioners are
preventing the officials of the respondents 2 to 4 from inspecting the Temple.
The petitioners are constructing a building which prevents the view of the
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
Temple Tower. Hence, the petitioners are not entitled for the relief sought for
in the present Writ Petition and prayed for dismissal of the Writ Petition.
9.From the materials on record and the typed set of papers filed by the
petitioners, it is seen that the petitioners have sent representation dated
04.02.2022 to the 2nd respondent alleging that without following any
procedures, the officials of the Tamil Nadu Hindu Religious and Charitable
Endowments Department are interfering with the administration of the
Temple. According to the petitioners, two applications filed by them under
Sections 54(1) and 63(a) of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959 are pending before the Tamil Nadu Hindu Religious
and Charitable Endowments Department.
10.Considering the above materials, the 2nd respondent is directed to
instruct the officials not to interfere with the management of the Temple
without following the procedures contemplated under the provisions of the
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The
petitioners are also making serious allegations against the officials of the
Tamil Nadu Hindu Religious and Charitable Endowments Department.
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
Considering the nature of relief sought for by the petitioners, the 2nd
respondent is directed to enquire the complaint given by the petitioners
against the officials and take appropriate action within a period of four weeks
from the date of receipt of a copy of this order, if allegations made by the
petitioners are true.
11.With the above directions, the Writ Petition is disposed of.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
11.04.2022
krk
Index : Yes / No
Internet : Yes / No
NOTE : Registry is directed to issue certified copy of this
order after the requisite Court Fee is paid for each
of the member of the petitioners' Temple.
To
1.The Commissioner,
Greater Chennai Corporation,
Ripon Buildings, Chennai – 600 003.
2.The Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowments Department,
Nungambakkam, Chennai – 600 034.
https://www.mhc.tn.gov.in/judis
W.P.No.8965 of 2022
V.M.VELUMANI, J.
krk
3.The Joint Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowments Department,
No.130, R.K.Mutt Road, Mylapore,
Chennai – 600 004.
4.The Assistant Commissioner,
Tamil Nadu Hindu Religious and
Charitable Endowments Department,
No.130, R.K.Mutt Road, Mylapore,
Chennai – 600 004.
5.The Inspector of Police,
Crime Branch, D4 Police Station,
Zambazar, Royapettah,
Chennai – 600 014.
W.P.No.8965 of 2022
11.04.2022
https://www.mhc.tn.gov.in/judis
