Madras High Court
S.Meiyar vs P.R.Ramasamy Ambalam on 5 April, 2023
WA(MD)No.380 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2023
CORAM
The Honourable Mr. Justice R.SUBRAMANIAN
and
The Honourable Mrs. Justice L.VICTORIA GOWRI
WA.(MD)No.380 of 2023 and
CMP(MD) No.4145 of 2023
S.Meiyar .. Appellant/Proposed party
Vs.
1.P.R.Ramasamy Ambalam
2.S.Ramalingam Ambalam
3.R.Govindan Ambalam
4.A.Meiyappan Ambalam ... Petitioners
5.The Commissioner
Hindu Religious and Charitable
Endowment Department
Uthaman Gandhi Road, Chennai 600 034.
6.The Joint Commissioner
Hindu Religious and Charitable
Endowment Department, Sivagangai.
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WA(MD)No.380 of 2023
7.The Assistant Commissioner
Hindu Religious and Charitable
Endowment Department
Paramakudi Cum Fit Person,
Arulmigu Koppudayanagi Ambal Thirukovil
Karaikudi.
8.The Executive Officer,
Paramakudi Cum Fit Person
Arulmigu Koppudayanagi Ambal Thirukovil
Karaikudi, Sivagangai District.
9.P.L.K.R. Meiyappan Ambalam
10.P.R.Meiyappan Ambalam
11.Senthil vadivelu Ambalam .. Respondents
Writ Appeal is filed under Clause 15 of the Letters Patent against the
order dated 25.03.2022 passed in WP(MD) No.5337/2022.
For Petitioner : Mr.R.G.Shankar Ganesh
For Respondents : Mr.J.Anandkumar for R1 to
R4 (No appearance)
Mr.P.Subbaraj for R5 to R7
Special Government Pleader
Mr.R.Shankar Ganesh for R5
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WA(MD)No.380 of 2023
JUDGMENT
[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]
Being aggrieved by the order of the Writ Court, dated
25.03.2022 made in W.P(MD)No.5337 of 2022, the
appellant/proposed party is before this Court with this writ
appeal.
2. The grievance of the petitioner is that though this Court has
directed enquiry to be conducted by the Joint Commissioner, Hindu
Religious and Charitable Endowment Department, under Section 63 of the
HR&CE Act, regarding certain privileges claimed by the petitioners family
after hearing the respondents 5 to 7 in the writ petition, the Joint
Commissioner refused to hear the appellant, since he is not a party to the
writ petition. It is also contended that the private respondents 5 to 7 in the
writ petition are no more. In a proceedings under Section 63 of the HR&CE
Act, while deciding rights or privileges claimed by a person in a temple, the
inquiring authority, namely, Joint Commissioner or the Deputy
Commissioner, as the case may be, has the powers of a civil Court and any
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WA(MD)No.380 of 2023
person, who is objecting to the right claimed is entitled to take part in the
proceedings. The authority, namely, the Deputy Commissioner or the Joint
Commissioner cannot refuse to hear a party merely because he was not a
party to the writ petition. Even a stranger has a right to object the
conferment of any right or privilege on an individual in a temple. Hence,
the writ appeal is disposed of with a direction to the Joint Commissioner,
HR&CE Department, Sivagangai to hear the appellant or any other objector,
who has objections to grant of the right claimed by the petitioners in the
writ petition. No costs. consequently connected Miscellaneous Petition is
closed.
(R.S.M.,J.) (L.V.G.,J.)
05.04.2023
Index : Yes/No
Internet : Yes
RR
To
1.The Commissioner
Hindu Religious and Charitable
Endowment Department
Uthaman Gandhi Road, Chennai 600 034.
2.The Joint Commissioner
Hindu Religious and Charitable
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WA(MD)No.380 of 2023
Endowment Department, Sivagangai.
3.The Assistant Commissioner
Hindu Religious and Charitable
Endowment Department
Paramakudi Cum Fit Person,
Arulmigu Koppudayanagi Ambal Thirukovil
Karaikudi.
4.The Executive Officer,
Paramakudi Cum Fit Person
Arulmigu Koppudayanagi Ambal Thirukovil
Karaikudi, Sivagangai District.
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WA(MD)No.380 of 2023
R.SUBRAMANIAN,J.
and
L.VICTORIA GOWRI,J.
RR
WA .(MD)No.380 of 2023
05.04.2023
https://www.mhc.tn.gov.in/judis
