Madras High Court
R.Rajamani vs The Government Of Tamil Nadu on 6 September, 2022
W.P.No.12399 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.No.12399 of 2020
R.Rajamani ... Petitioner
versus
1.The Government of Tamil Nadu,
Represented by the Additional
Chief Secretary to Government,
Tourism, Culture & Religious Endowment Department,
Fort St.George, Chennai - 600 009.
2.The Commissioner,
Hindu Religious & Charitable Endowment Department,
119, Uthamar Gandhi Salai, Nungambakkam,
Chennai - 600 034.
3.The Joint Commissioner,
Hindu Religious & Charitable Endowment Department,
RTO Road, Sathuvachary,
Vellore - 632 009.
4.The Executive Officer,
Arulmighu Ekambaranathar Thiru Koil,
Hindu Religious & Charitable Endowment Department,
Kancheepuram,
Kancheepuram District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.12399 of 2020
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, seeking for a Writ of Mandamus, directing the first respondent to
consider and pass orders on the petitioner's representation dated 25.07.2019
praying for cancellation of appointing of the Executive Officer in respect of
the Arulmighu Chitraguptar Temple, Kancheepuram in the light of Supreme
Court judgment rendered in Dr.Subramanian Swamy vs. State of Tamil
Nadu & others reported in (2014) 5 SCC 75 and the conditions for
appointment of Executive Officers Rule, 2015.
For Petitioner : Mr.J.Lakshminarayanan
For Respondent Nos.1 to 3 : Mr.K.Karthikeyan
Government Advocate (HR&CE)
For Respondent No.4 : Mr.P.Balathandayutham
Special Government Pleader
ORDER
This Writ Petition is filed for issuance of writ of mandamus to
consider the representation of the petitioner dated 25.07.2019.
2. The petitioner states that the people of karuneegar
community of Kancheepuram Town are managing 'Arulmighu
Chitragupthaswamy Temple'. It is the case of the petitioner that the temple
has got special features which an unique to the temple and that the Trustees
of the Temple are selected only from the karuneegar community of
Kancheepuram Town.
https://www.mhc.tn.gov.in/judis
W.P.No.12399 of 2020
3. It is admitted that a scheme was also framed under
Section 64(1) of the Tamil Nadu Hindu Religious and Charitable
Endowment Act, 1959 recognising the exclusive right of karuneegar
community people to manage the said temple. When an objection is raised
the draft scheme to appoint Executive Officer for temple administration was
deleted. However the scheme which is in vogue as on date recognise the
power of the department to appoint Board of trustees for the temple from
among the persons of karuneegar community in Kancheepuram Town.
4. In the petitioner's case, the temple is administered by the
members of a particular community. It is still open to the petitioner to
approach the third respondent / Joint Commissioner to establish the
character of trusteeship as hereditary. However instead of doing that, the
petitioner has approached the officials or this Court, challenging the order
appointing the Executive Officer on the ground that the Temple should be
administered only by the Trustees of karuneegar community. Till such time
the office of trusteeship is declared as hereditary, the power to appoint
Executive Officer cannot be questioned.
https://www.mhc.tn.gov.in/judis
W.P.No.12399 of 2020
5. It is admitted that an Executive Officer was appointed
and therefore questioning the appointment of such Executive Officer, the
petitioner has submitted a representation on 25.07.2019 praying for
cancellation of appointment of the Executive Officer in respect of
Arulmighu Chitragupthaswamy Temple, Kancheepuram. Since the said
representation was not considered, the above writ petition is filed.
6. Considering the limited scope of prayer that is now
sought for by the learned counsel for the petitioner, without expressing any
opinion on the merits of the petitioner's representation or the averments
made in the affidavit filed in support of the petition, this Court is inclined to
dispose of this writ petition, by directing the first respondent to consider the
representation of the petitioner dated 25.07.2019 within a period of eight (8)
weeks from the date of receipt of a copy of this order and communicate the
same to the petitioner.
https://www.mhc.tn.gov.in/judis
W.P.No.12399 of 2020
7. With these directions, this Writ Petition stands disposed
of. No costs.
06.09.2022
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
To
1.The Government of Tamil Nadu,
Represented by the Additional
Chief Secretary to Government,
Tourism, Culture & Religious Endowment Department,
Fort St.George, Chennai - 600 009.
2.The Commissioner,
Hindu Religious & Charitable Endowment Department,
119, Uthamar Gandhi Salai, Nungambakkam,
Chennai - 600 034.
3.The Joint Commissioner,
Hindu Religious & Charitable Endowment Department,
RTO Road, Sathuvachary,
Vellore - 632 009.
4.The Executive Officer,
Arulmighu Ekambaranathar Thiru Koil,
Hindu Religious & Charitable Endowment Department,
Kancheepuram,
Kancheepuram District.
S.S.SUNDAR, J.
https://www.mhc.tn.gov.in/judis
W.P.No.12399 of 2020
sri
W.P.No.12399 of 2020
06.09.2022
https://www.mhc.tn.gov.in/judis
