Madras High Court
Sri Malayamman Devasthanam vs The Commissioner on 23 February, 2022
W.P.No.24818 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.24818 of 2021
and W.M.P.Nos.26101 & 26102 of 2021
Sri Malayamman Devasthanam,
Rep. By Mr.S.Loganatha Desigar,
the Managing-cum-Hereditary Poojari/Trustee,
Kodumudi,
Erode District 638 151. .. Petitioner
Vs.
1.The Commissioner,
The Hindu Religious and Charitable Endowments Department,
119, Gandhi Salai,
Chennai 600 034.
2.The Joint Commissioner,
The Hindu Religious and Charitable Endowments Department,
Erode District.
3.The Superintending Archaeologist,
Archaeological Survey of India,
Chennai 600 009.
4.The Inspector,
The Hindu Religious and Charitable Endowments Department,
Kodumudi, Erode District. .. Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.24818 of 2021
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus to call for the
records on the file of the 4th respondent in connection with the order passed
by him in his proceedings in Na.Ka.No.34/2021 dated 23.03.2021 and on the
file of the 1st respondent in connection with the order passed by him in his
proceedings in Na.Ka.No.31154/2010/M3 dated 15.09.2021 respectively and
quash the same as being arbitrary, illegal and consequently, forbear the
respondents from interfering with the administration of the properties by the
petitioner to maintain the said temple namely, Sri Malayamman
Devasthanam, Kodumudi, Erode District and doing poojas.
For Petitioner : Mr.M.Muruganantham
for M/s.I.Saddam Hussain
For RR1, 2 & 4 : Mr.K.Karthikeyan
Government Advocate (HR & CE)
For R3 : Mr.S.Ravi Kumar
Special Government Pleader
ORDER
(The matter is heard through “Video-conferencing/hybrid” mode)
This Writ Petition is filed to call for the records on the file of the 4th
respondent in connection with the order passed by him in his proceedings in
Na.Ka.No.34/2021 dated 23.03.2021 and on the file of the 1st respondent in
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W.P.No.24818 of 2021
connection with the order passed by him in his proceedings in
Na.Ka.No.31154/2010/M3 dated 15.09.2021 respectively and quash the same
as being arbitrary, illegal and consequently, forbear the respondents from
interfering with the administration of the properties by the petitioner to
maintain the said temple namely, Sri Malayamman Devasthanam, Kodumudi,
Erode District and for doing poojas.
2.According to the petitioner, he is the Managing-cum-Hereditary
Poojari/Trustee of Sri Malayamman Devasthanam. The said Devasthanam
was handed over to the ancestors of the petitioner by Kumbini Sarkaar to do
poojas and to enjoy the lands for maintenance of the temple and for
Hereditary Trustees. The right of the ancestors of the petitioner to be in
possession of property was recognized in the year 1896 in O.S.No.542 of
1896, permitting hereditary trustees to recover possession of building and
shops. The said judgment was confirmed in A.S.No.7 of 1898. While so, on
31.10.1942, the 1st respondent, by the proceedings dated 31.10.1942, declared
“Sri Malayamman Devasthanam, Kodumudi” as an 'Exempted Temple'. The
learned counsel for the petitioner submitted that patta was issued in the name
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W.P.No.24818 of 2021
of the petitioner's ancestors for the fasli year 1345 and Title Deed was granted
by the Governor in Council of Madras on 03.02.1871. From the year 1801,
the ancestors of the petitioner were given right. While so, the 4 th respondent,
by the impugned order, directed the petitioner to stop renovation work and
appear for enquiry on 09.04.2021. Further, the petitioner, by the impugned
memo bearing Na.Ka.No.31154/2010/M3 dated 15.09.2021, was asked to
upload the properties of the Hereditary Trustees enjoyed from 18th Century
onwards in the computer, in the name of the temple. The petitioner was
threatened to upload the details of the properties by abusing the Trustees and
their family members. To avoid any humiliation, the petitioner signed the
statement of the properties and uploaded the same on the computer on
28.10.2021. The petitioner has come out with the present Writ Petition
challenging both the notice in Na.Ka.No.34/2021 dated 23.03.2021 and
memo in Na.Ka.No.31154/2010/M3 dated 15.09.2021.
3.Heard the learned counsel appearing for the petitioner, learned
Government Advocate (HR & CE) appearing for the respondents 1, 2 and 4 as
well as the learned Special Government Pleader appearing for the 3rd
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W.P.No.24818 of 2021
respondent and perused the entire materials available on record.
4.From the materials on record, it is seen that according to the
petitioner, he appeared for enquiry on 09.04.2021 before the 4th respondent
and submitted explanation and other documents claiming that the temple
belongs to Hereditary Trustees and the temple is an exempted temple. The
petitioner contended that so far, the 4th respondent has not passed any order
on the explanation submitted by the petitioner, but is preventing the petitioner
to proceed with the renovation work and in view of the same, the petitioner is
seeking to quash the impugned notice issued by the 4th respondent. In as
much as the petitioner appeared for the enquiry before the 4 th respondent on
09.04.2021 as per the notice dated 23.03.2021 and submitted his explanation
and the documents relied on, it is suffice to direct the 4th respondent to pass
orders on the explanation submitted by the petitioner on merits and in
accordance with law, within a period of four weeks from the date of receipt of
a copy of this order. Further, according to the petitioner, without passing any
order for more than nine months, the 4th respondent prevented the petitioner
from proceeding with the renovation work. In view of the fact that the 4th
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W.P.No.24818 of 2021
respondent has not passed any order for more than nine months, the 4 th
respondent is restrained from interfering with the renovation work carried on
by the petitioner.
5.As far as the memo in Na.Ka.No.31154/2010/M3 dated 15.09.2021 is
concerned, according to the petitioner, he has uploaded the details of the
properties in the computer in the name of temple on 28.10.2021 due to threat
and abuse of 2nd respondent. As the petitioner has complied with the memo,
the said memo cannot be quashed in the present Writ Petition. If the 2 nd
respondent takes any action based on the uploaded particulars of properties, it
is open to the petitioner to challenge the same, as per law, before competent
authority.
With the above direction, the Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petitions are closed.
23.02.2022
Index : Yes / No
gsa
https://www.mhc.tn.gov.in/judis
W.P.No.24818 of 2021
To
1.The Commissioner,
The Hindu Religious and Charitable Endowments Department,
119, Gandhi Salai,
Chennai 600 034.
2.The Joint Commissioner,
The Hindu Religious and Charitable Endowments Department,
Erode District.
3.The Superintending Archaeologist,
Archaeological Survey of India,
Chennai 600 009.
4.The Inspector,
The Hindu Religious and Charitable Endowments Department,
Kodumudi, Erode District.
https://www.mhc.tn.gov.in/judis
W.P.No.24818 of 2021
V.M.VELUMANI, J.,
gsa
W.P.No.24818 of 2021
23.02.2022
https://www.mhc.tn.gov.in/judis
