Thavathiru Alavandar Naicker ... vs The Commissioner
2022 Latest Caselaw 14300 Mad

                                                                                         W.P.No.27292 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 11.08.2022

                                                          CORAM :

                                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  W.P.No.27292 of 2015
                                                  and MP.No.1 of 2015


            Thavathiru Alavandar Naicker Trustees
            Rep. by its Author of the Trustee
            as well as Managing Trustee.
            K.M.Swamy
            Vellimedupettai Vadasiruvallur Village
            Daniel Road
            Tindivanam Taluk
            Villupuram District.                                                                   ..Petitioner


                                                                    .Vs.

            1. The Commissioner
                Hindu Religious and Charitable Endowment
                Board Uthamar Gandhi Road Chennai-600 034

            2. The Managing Trustee
               Nemmili Sri Alavandar Naicker Trust
               Mahabalipuram Chengalput District-603 104.

            3. The Superintendent of Police
                Chengalpattu Kancheepuram District.                                             ..Respondents



            Prayer :       Writ Petition filed under Article 226 of the Constitution of India, praying to issue
            a Writ of Mandamus, forbearing the respondents from interfering with the peaceful
            possession and enjoyment of the Trust Property executed in the name of Thavathiru
            Alavandar Naicker Trust registered as a document No.1304/iv/2014 dated 22nd August
            2014 in the office of the sub-registrar, George Town, Chennai

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                                                                                      W.P.No.27292 of 2015

                                  For Petitioner    : Mr.V.Ramamurthy


                                  For Respondents   : Mr.K.Karthikeyan
                                                      Government Advocate
                                                      for R1

                                                     Mr.V.Lakshminarayanan
                                                     for R2

                                                     Mr.V.Meganathan
                                                     Government Advocate (Crl.side)
                                                     for R3



                                                          ORDER

This writ petition has been filed for the issue of a writ of mandamus forbearing the

respondents from interfering with the peaceful possession and enjoyment of the Trust

Property.

2.The case of the petitioner is that one Muthukrishna Naicker was bequeathed with

certain properties by “Aayeram Kani Alavandar” through a Will dated 22.06.2014. By virtue

of the same, the said Muthukrishna Naicker became the sole beneficiary of the property

and he was managing the properties as per the directions given in the Will.

3.The further case of the petitioner is that the said Muthukrishna Naicker executed

a Will dated 13.11.1995, in favour of the petitioner and bequeathed all his properties. On

his demise, the petitioner also applied for probate of Will before this Court in O.P.No.94 of

2010.

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W.P.No.27292 of 2015

4.It is stated that the 2nd respondent started claiming right over the properties and

wanted to establish a Temple in the name of Shree Lalithambigai Temple in the property

belonging to the petitioner. The petitioner therefore made representations objecting for

the construction of the Temple. Since the same did not yield any response, the present

writ petition has been filed before this Court, seeking for appropriate directions.

5.Heard Mr.V.Ramamurthy, learned counsel for the petitioner, Mr.K.Karthikeyan,

learned Government Advocate for R1, Mr.V.Lakshminarayanan, learned counsel for R2 and

Mr.V.Meganathan, learned Government Advocate (Crl.side) for R3.

6.This Court has carefully considered the submissions made on either side and the

materials available on record.

7.The 2nd respondent has taken a stand that Alavandar executed the Will and by

virtue of the said Will, Muthukrishna Naicker was only permitted to perform Charities and

he did not get any exclusive right over the properties. Infact, a suit was instituted for

framing a scheme and for the removal of Muthukrishna Naicker and the suit in O.S.No.13

of 1916 was contested and it was decreed. Aggrieved by the same, Muthukrishna Naicker

filed an appeal in A.S.No.226 of 1916 and this appeal was also dismissed through judgment

and decree dated 25.04.1918. Pursuant to the judgment in A.S.No.226 of 1916, Trustees

were appointed for the Charity. After the demise of Muthukrishna Naicker, his sons

instituted a suit in the year 1943 and in that suit, it was categorically held that the scheme

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W.P.No.27292 of 2015

decree that was passed in the earlier suit will continue and the Trustees, who were

appointed under the scheme decree will continue to act as the Trustees. This was

subsequently confirmed in AS.No.37 of 1945.

8.In the year 1949, the Hindu Religious and Charitable Endowment (HR & CE)

Department took over the administration of the Alavandar Charity and it is under their

control and all the litigations that were instituted subsequently was only defended by the

department.

9.The petitioner approached this Court with the same set of facts and filed

WP.No.12433 of 1999, to restrain the HR & CE Department from taking action to bring the

trees grown in the property for auction. This writ petition was dismissed and this Court

held that the petitioner must only establish his right before a Competent Civil Court. Once

again, the petitioner filed WP.No.30854 of 2000 with similar set of facts and sought for a

mandamus directing the Sub-Registrar, not to register any document pertaining to the

subject properties. This writ petition was also dismissed by an order dated 21.12.2000 and

this Court reiterated that the petitioner has to necessarily workout his remedy only before

the Civil Court and no relief can be granted in the writ petition.

10.It is quite unfortunate that the petitioner has once again knocked the doors of

this Court with the same set of facts and filed this writ petition seeking for appropriate

directions. This Court has already made it clear in the two earlier orders that the right

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W.P.No.27292 of 2015

claimed by the petitioner cannot be gone into a writ petition and liberty was given to the

petitioner to institute a suit. That apart, there has been previous litigations touching upon

the Will executed by Alavandar. Under such circumstances, this Court cannot grant the

relief as sought for by the petitioner. This Court does not find any merits in this writ

petition and the petitioner seems to be filing one writ petition after the other before this

Court and wasting the time of this Court.

11.In the result, this writ petition stands dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

11.08.2022 KP Internet: Yes Index: Yes/No

To

1. The Commissioner Hindu Religious and Charitable Endowment Board Uthamar Gandhi Road Chennai-600 034

2. The Managing Trustee Nemmili Sri Alavandar Naicker Trust Mahabalipuram Chengalput District-603 104.

3. The Superintendent of Police Chengalpattu Kancheepuram District.

https://www.mhc.tn.gov.in/judis

W.P.No.27292 of 2015

N.ANAND VENKATESH. J.,

KP

W.P.No.27292 of 2015

11.08.2022

https://www.mhc.tn.gov.in/judis