Madras High Court
M.Rengaramanujam vs The Joint Commissioner on 12 April, 2022
W.P.(MD) No.6858 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.6858 of 2022
and
W.M.P.(MD) Nos.5272 and 5273 of 2022
M.Rengaramanujam ... Petitioner
/vs./
1.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
2.The Deputy Commissioner/Executive Officer,
Arulmigu Kallalagar Thirukovil,
Alagarkovil,
Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records relating to the
impugned order passed by the 1st respondent in Se.Mu.Na.Ka.No.
3731/2018/Aa1/ dated 18.11.2019, quash the same, further directing the
respondents to allow the petitioner to perform Mandagapadi to Lord Kallalagar
every year during the auspicious Chitrai Festival at Nacharammal Mandagapadi,
Alwarpuram, Madurai as per the judgment and decree passed in O.S.No. 169 of
1/6
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W.P.(MD) No.6858 of 2022
1948 on the file of the Subordinate Judge, Madurai dated 30.09.1949 and O.S.No.
768 of 1993 on the file of the Additional District Munsif Court, Madurai, dated
07.02.2001.
For Petitioner : Mr.S.Ramu
For R1 : Mr.P.T.Thiraviam
Government Advocate
For R2 : Mr.K.R.Laxman
ORDER
The petitioner has challenged the impugned order passed by the 1st
respondent dated 18.11.2019 appointing the 2nd respondent as a Fit Person.
2.The facts are not in dispute. A settlement deed was executed on
14.02.1912, wherein the Author of the trust had given clear specification as to
how the endowed property has to be used and how the temple festival has to be
conducted. As per the settlement deed, the Author of the trust had also stipulated
that shops may be constructed for generating income for the purpose of
endowment. The petitioner appears to be a descendant of the aforesaid
Author/Founding Trustee but had sold a huge portion of the trust property
contrary to the wishes of the Author/Founding Trustee and the provisions of
Section 36 of the Tamil Nadu Hindu Religious and Charitable Endowments Act,
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W.P.(MD) No.6858 of 2022
1959 (herein after referred to as Act). Now, the petitioner has filed this writ
petition on 11.04.2022, challenging the impugned proceedings of the 1st
respondent dated 18.11.2019. It is submitted that the impugned order has been
passed without following the principles of natural justice. The only ground stated
in the affidavit is that the property is not found in the property register maintained
by the 2nd respondent temple.
3.Opposing the prayer, the learned counsel for the official respondent and
the learned counsel for the 2nd respondent temple submit that the writ petition is
not maintainable. It is submitted that the writ petition is hopelessly time barred,
motivated and filed on the eleventh hours before the Mandagapadi for the
Chithirai festival has commenced. That apart, it is submitted that there are several
allegations against the petitioner even as per the affidavit filed in support of the
writ petition. It is submitted that the petitioner had colluded with the erstwhile
Deputy Commissioner and appropriate steps are being taken for cancelling the
alienations made hither to. Already patta granted to the alienees have been
cancelled.
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W.P.(MD) No.6858 of 2022
4.It is submitted that there is no case made out for interference especially at
the 11th hour to stall the Mandagapadi, which has been offering by the 2nd
respondent. That apart, it is open for the petitioner to challenge the aforesaid
order before the Commissioner under Section 21 of the Act.
5.I have considered the arguments advanced by the learned counsel for the
petitioner, the learned Government Advocate for the official respondent and the
learned counsel for the 2nd respondent.
6.The writ petition is hopelessly time barred and is liable to be dismissed
on account of latches. The conduct of the petitioner is also not in tune with the
expectations and wishes of the Author of the Founding Trust in the deed executed
on 14.02.1912, when properties were dedicated for specific endowment for
Arulmigu Kallalagar Thirukovil, Alagarkovil, Madurai. Therefore, I am not
inclined to entertain this writ petition. Therefore, this writ petition is liable to be
dismissed. However, liberty is given to the petitioner to workout the remedy by
filing appropriate application/appeal before the Appellate Commissioner under
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W.P.(MD) No.6858 of 2022
Section 21 of the Act. If Such an appeal is filed within a period of 30 days from
the date of receipt of a copy of this order, the Appellate Commissioner shall
consider and dispose of the same expeditiously on merits and in accordance with
law. It is needless to state that the 2nd respondent shall also be heard in the said
proceedings.
7.The writ petition stands disposed of, in terms of the above observations.
No costs. Consequently, connected miscellaneous petitions are closed.
Index : Yes / No 12.04.2022
Internet : Yes / No
mm
To
The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.6858 of 2022
C.SARAVANAN, J.
mm
W.P.(MD) No.6858 of 2022
12.04.2022
https://www.mhc.tn.gov.in/judis
