Madras High Court
Shri Akkasalai Vinayakar Koil ... vs The Commissioner on 27 October, 2022
W.P(MD)No.15153 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.15153 of 2013
and
M.P(MD)No.1 of 2013
Shri Akkasalai Vinayakar Koil Devasthanam,
Represented by its Secretary,
M.R.Manickam. ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungampakkam,
Chennai.
2.The Assistant Commissioner,
Hindu Religious & Charitable Endowments Department,
Tirunelveli District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, to call for records
pertaining to impugned order passed by the second respondent in his
proceedings in Se.Mu.Na.Ka.No.5095/2012/E1, dated 04.12.2012 and
quash the same as illegal.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15153 of 2013
For Petitioner : M/s.J.Jeyakumaran
For R-1 & R-2 : M/s.N.Ramesh Arumugam
Government Advocate
For R-3 : M/s.Chellapandian
ORDER
The present Writ Petition has been filed challenging an order
passed by the second respondent herein, under which, a fit person has
been appointed to administer the petitioner Temple.
2. According to the learned Counsel for the petitioner, a fit person
has been appointed, without issuing any notice to the Managing
Committee or providing any opportunity to defend the said appointment
of fit person. The learned Counsel for the petitioner has further
contended that the Temple is under the administration of the members of
Vishwa Karma Community, who are regularly conducting poojas and
other rituals in the Temple for the past 500 years. Without issuing any
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15153 of 2013
notice or conducting any enquiry, the present impugned order has been
passed, which is clearly in violation of principles of natural justice.
3. The learned Counsel for the petitioner had relied upon a
judgment of this Court reported in 2015 (4) CTC 755, in which the
learned Single Judge of this Court has held that an appointment of a fit
person replacing the existing trustees of a Temple would have civil
consequences and unless they are put on notice and granted an
opportunity of personal hearing before passing the impugned order, the
same is in violation of the principles of natural justice. The learned
Single Judge had relied upon a Division Bench judgment of this Court
reported in AIR 1985 Madras 341.
4. In view of the above judgment and the facts of this case, this
Court is inclined to allow the writ petition. The order impugned in the
writ petition is set aside. The second respondent is at liberty to issue
notice to the petitioner and pass orders, after giving due opportunity to
the writ petitioner.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15153 of 2013
5. With the above said observations, the writ petition stands
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
27.10.2022
Index : Yes / No
Internet : Yes / No
btr
To
1.The Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungampakkam,
Chennai.
2.The Assistant Commissioner,
Hindu Religious & Charitable Endowments Department,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15153 of 2013
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.15153 of 2013
27.10.2022
https://www.mhc.tn.gov.in/judis
