Madras High Court
D.Balaguru vs The Commissioner on 4 March, 2022
W.P.(MD) No.4017 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.4017 of 2022
and
W.M.P.(MD) Nos.3441 and 3446 of 2022
1.D.Balaguru
2.R.Ganesan
3.S.Shanmugamutharasappan
4.C.Mahalakshmi
5.CPMS.VP.Subashini
6.M.Kannan ... Petitioners
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Dindigul. ... Respondents
1/6
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W.P.(MD) No.4017 of 2022
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 proceedings of the second respondent in
Na.Ka.No.7021/2021/A1, dated 10/02/2022 and quash the same and consequently
direct the second respondent to record the names of the new hereditary trustees to
Aulmighu Kottai Mariamman Thiukoil, Dindigul Town, Dindigul.
For Petitioners : Mr.VR.Shanmuganathan
For Respondents : Mr.P.Subbaraj,
Special Government Pleader.
ORDER
Heard the learned counsel for the petitioners and the learned Special
Government Pleader for the respondents.
2.The issue has been already decided in the context of Section 15(1) of the
Hindu Religious and Charitable Endowments Act, 1959 (formerly Madras Act,
XXII of 1959) in O.S.No.55 of 1959, wherein it has been held as under:-
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W.P.(MD) No.4017 of 2022
“All the requirements necessary to constitute the trustee to
be a hereditary trustee are thus amply satisfied and the plaintiffs
should therefore be held to be hereditary trustees as contemplated
under Sec.6(11) of the Madras Act XXII of 195. I therefore answer
this issue in favour of the plaintiffs.”
3.The aforesaid judgment of the Civil Court in O.S.No.55 of 1959 was
affirmed by the Court by its judgment and decree dated 06.03.1978 in A.S.No.48
of 1975. Therefore, there is no merits in the challenge to the impugned
proceedings of the second respondent in Na.Ka.No.7021/2021/A1, dated
10.02.2022. The petitioners are however given liberty to file a revision petitions
before the first respondent within a period of fifteen days from the date of receipt
of a copy of this order.
4.The impugned order therefore shall remain suspended for a period of
sixty days from the date of receipt of a copy of this order or upto the disposal of
the proposed revision petitions to be filed by the petitioners under Section 21 of
the Act, whichever is earlier. If such applications are filed within such time, the
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W.P.(MD) No.4017 of 2022
Commissioner shall endeavour to pass final order preferably within a period of
thirty days from date of filing of such applications.
5.I am therefore inclined to dispose of this writ petition by directing the
petitioners to work out their alternative remedy under Section 21 of the Tamil
Nadu Hindu Religious and Charitable Endowments Act, 1959, by filing suitable
applications before the Commissioner within a period fifteen days from the date
of receipt of a copy of this order against the impugned proceedings of the second
respondent in Na.Ka.No.7021/2021/A1, dated 10.02.2022.
6.This writ petition is disposed of with the above observations. No costs.
Consequently, connected miscellaneous petitions are closed.
Index : Yes / No 04.03.2022
Internet : Yes / No
ias
Note: Registry is directed to issue certified copy of
the order on payment of necessary charges/batta.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4017 of 2022
To:
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Dindigul.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4017 of 2022
C.SARAVANAN, J.
ias
W.P.(MD)No.4017 of 2022
04.03.2022
(2/2)
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