A.P.Raja vs The Joint Commissioner
2022 Latest Caselaw 9293 Mad

                                                                                    W.A.No.1343 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 12.05.2022

                                                             CORAM :

                           THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
                                              and
                     THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                      W.A.No.1343 of 2022
                                                             and
                                                     C.M.P.No.8627 of 2022
                     A.P.Raja
                     Hereditary Trustee
                     Arulmighu Mariamman, Cheliamman
                     Chennarayar Perumal Temple
                     Anupur Village, Valapadi Taluk
                     Salem District - 636 139.                                   ... Appellant

                                                               Vs.
                     1.The Joint Commissioner,
                       Hindu Religious and Charitable Endowments,
                       Salem – 636 001.

                     2.The Assistant Commissioner,
                       Hindu Religious and Charitable Endowments,
                       Salem – 636 001.                                          ... Respondents

                     Prayer:         Writ appeal filed under Clause 15 of Letters Patent praying to
                     set aside the order in W.P.No.5344 of 2022 dated 09.03.2022.
                                     For Appellant       :      Mr.V.Raghavachari
                                     For Respondents     :      Mr.D.Ravichandran
                                                                Special Government Pleader

                     Page 1 of 6



https://www.mhc.tn.gov.in/judis
                                                                                       W.A.No.1343 of 2022



                                                        JUDGMENT

(Judgment of the Court was delivered by G.R.SWAMINATHAN ,J.)

Heard the learned counsel appearing for the appellant and the learned

Special Government Pleader appearing for the respondents.

2. The appellant herein is the Hereditary Trustee of Arulmighu

Mariamman, Cheliamman, Chennarayar Perumal Temple, Anupur Village.

Certain allegations have been made against the appellant, therefore, he has

been suspended and enquiry has also been initiated. A fit person has also

been appointed to manage the petition mentioned Institution. Challenging

the same, the appellant filed W.P.No.5344 of 2022 and the same was

dismissed by an order dated 09.03.2022. Challenging the same, this Writ

Appeal has been filed.

3. The appellant has a son. It is well settled that when a Religious

Institution is managed by a Hereditary Trustee, if he is unseated for any

reason, the next in the line of succession will necessarily step in, but the

https://www.mhc.tn.gov.in/judis W.A.No.1343 of 2022

learned Special Government Pleader appearing for the respondents states

that since serious allegations have been made, if the appellant's son is

allowed to become the next Trustee, the fairness of the enquiry may be

vitiated.

4. We find force in the said contention. The appellant's son is also

ready and willing to submit an application to become the Trustee in the

place of his father. It is again well settled that recording of the name of the

appellant's son in the place of the appellant is only a matter of formality and

it does not involve any adjudication.

5. We, therefore, set aside the order impugned in the Writ Appeal and

dispose of the Writ Appeal in the following terms :

(a) The appellant's Son Thiru.Prabhu undertakes to

submit an application for appointing himself as a Hereditary

Trustee in the place of his father within a period of one week

from the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis W.A.No.1343 of 2022

(b) The enquiry initiated against the appellant will be

concluded on or before 30.06.2022.

(c) It is undertaken by the respondents that no application

for extension will be filed.

(d) If at the end of the enquiry, the appellant is

exonerated, the appellant automatically will be restored to the

position of Hereditary Trustee and the fit person will obviously

make way for him. If the appellant is found guilty, the

appellant's son will be straight away recorded as hereditary

trustee in the place of the appellant and under no circumstance,

the fit person will continue to manage the affairs of the petition

mentioned Religious Institution after 30.06.2022.

6. The Writ Appeal is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed.

[G.R.S, J.] [S.K.R, J.] 12.05.2022 Index: Yes/No Speaking/Non-speaking order ms/mk

https://www.mhc.tn.gov.in/judis W.A.No.1343 of 2022

To

1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Salem – 636 001.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Salem – 636 001.

https://www.mhc.tn.gov.in/judis W.A.No.1343 of 2022

G.R.SWAMINATHAN, J.

and SENTHILKUMAR RAMAMOORTHY, J.

ms/mk

W.A.No.1343 of 2022 and C.M.P.No.8627 of 2022

12.05.2022

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