Madras High Court
Unknown vs The State Of Tamil Nadu on 12 April, 2023
Writ Petition No.11021 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Writ Petition No.11021 of 2023
and
W.M.P.Nos.10907, 10908 & 10909 of 2023
1.V.Pandurangan
S/o.Veerappan
2.V.M.Ramesh
S/o.V.Manickavel
3.J.Selvam
S/o.Jayaraman
4.R.Varadhan
S/o.Ramu
5.B.Bakthavatsalam
S/o.Balakrishnan
6.B.Dharnasingh
S/o.Balakrishnan
7.P.Parthiban
S/o.Pandurangan
1/10
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Writ Petition No.11021 of 2023
8.M.Sridharan
S/o.Mayakannan
9.M.Udayakumar
S/o.Mani
10.K.Ranjithkumar
S/o.Kaliyappan
11.S.Vengatesh
S/o.Sekar
12.P.Arunkumar
S/o.Periyasamy
13.D.Ganapathy
S/o.Devadass
14.A.Vinodkumar
S/o.Arumugam
15.B.Karthikeyan
S/o.Balaraman ... Petitioners
Vs.
1.The State of Tamil Nadu
represented by its Secretary,
Department of Tourism, Culture and
Religious Endowments,
Fort St.George, Chennai - 600 009.
2/10
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Writ Petition No.11021 of 2023
2.The Commissioner,
Hindu Religious and Charitable Endowments
Department,
Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.
3.The Joint Commissioner,
Hindu Religious and Charibtable Endowments
Department,
Collector Office Road,
Moovendar Nagar, Villupuram - 605 602.
4.The Assistant Commissioner,
Hindu Religious and Charibtable Endowments
Department,
Collector Office Road,
Moovendar Nagar, Villupuram - 605 602.
5.The Inspector,
Hindu Religious and Charitable Endowments
Department,
Vanur, Vanur Taluk,
Villupuram District - 605 109. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari calling for the records of the fifth
respondent in connection with the impugned undated proceedings published
by the fifth respondent for public auctioning of the crops in the land
belonging to Arulmigu Marimuthalamman alias Muthumariamman Temple
at Chinnakottakuppam Village, Vanur Taluk, Villupuram District, which are
cashew nuts, coconut and tamarind passed by the fifth respondent and quash
the same.
3/10
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Writ Petition No.11021 of 2023
For Petitioner : Mr.M.Ramamoorthi
For Respondents : Mr.S.Yaswanth
Additional Government Pleader
*****
ORDER
This writ petition has been filed by persons, who are claiming to be
managing the affairs of the Arulmigu Marimuthalamman alias
Muthumariamman Temple at Chinnakottakuppam Village, Vanur Taluk,
Villupuram District and also devotees of the said temple, assailing the
publication made by fifth respondent for giving the agricultural lands
belonging to the temple on lease by calling for public auction.
2. Heard Mr.M.Ramamoorthi, learned counsel for petitioner and
Mr.S.Yaswanth, learned Additional Government Pleader, appearing for
respondents.
3. The main grievance that was expressed by learned counsel for
petitioner is that there was an earlier civil suit filed in O.S.No.30 of 2005 on
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Writ Petition No.11021 of 2023
the file of Sub Court, Tindivanam, wherein the appointment of hereditary
trustees by the Hindu Religious and Charitable Endowments department
[hereinafter referred to as 'HR & CE department'] came to be questioned by
the people belonging to the village and ultimately, the suit was decreed by
judgment and decree dated 30.07.2008. In view of the same, it was
contended that the temple is not under the control of the HR & CE
Department and therefore, the fifth respondent lacks power or jurisdiction to
bring the properties belonging to the temple for public auction.
4. Per contra, learned Additional Government Pleader, on written
instructions, received from the fifth respondent submitted that the temple in
question is a non-listed temple and the Assistant Commissioner has
appointed the fifth respondent as fit person u/s.49(1) of The Tamil Nadu
Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred
to as 'the Act']. Learned Additional Government Pleader submitted that the
temple comes under the Integrated Temple Management Scheme and this
temple falls under ITMS No.22731. Learned Additional Government
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Writ Petition No.11021 of 2023
Pleader further submitted that the fifth respondent is the competent person
to manage the affairs of the temple and hence, the fifth respondent has the
power and jurisdiction to call for bids and give the lands belonging to the
temple on lease and thereby, augment the revenue of the temple. Learned
Additional Government Pleader further questioned the very locus standi of
the petitioners in maintaining this writ petition.
5. In the considered view of this Court, there is sufficient material to
show that the temple in question has been brought under the HR & CE
department as non-listed temple u/s.49(1) of the Act. The written
instructions shows that the Assistant Commissioner has appointed the fifth
respondent to manage the affairs of the temple. Hence, it is for the HR & CE
department to take action to augment the income of the temple by properly
utilizing the properties belonging to the temple. If at all, the devotees or the
persons claiming to be managing the temple wants this temple not to fall
under the nomenclature of a religious institution, they must take steps
u/s.63(a) of the Act by filing appropriate application before the Joint
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Writ Petition No.11021 of 2023
Commissioner. Till that is done, the subject temple will come within the
purview of the HR & CE department since it will be construed as a religious
institution. In view of the same, the fifth respondent is competent to effect
publication and auction the lands belonging to the temple and give it on
lease. This will help the temple in augmenting the income and the lands
cannot be let free to be utilized by one and all.
6. In view of the above discussion, this Court does not find any
ground to interfere with the public auction called for by the fifth respondent.
On carefully going through the records, it is seen that the persons belonging
to the village and the devotees have been showing a lot of interest in the
subject temple. In view of the same, there shall be a direction to the fourth
respondent to immediately take steps to appoint non-hereditary trustees of
the temple. The application shall be called for immediately and it will be left
open to the villagers and devotees to apply for the non-hereditary trustee
post. This will ensure that the interest of the temple is safeguarded and at
the same time, the village people participate in the affairs of the temple and
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Writ Petition No.11021 of 2023
the same is statutorily recognized. This process shall be completed by the
fourth respondent within a period of three (3) months from the date of
receipt of a copy of this order.
This Writ Petition is disposed of with the above direction. No costs.
Consequently, connected miscellaneous petitions are closed.
12.04.2023
Index : Yes/No
Speaking Order / Non Speaking Order
Neutral Citation: Yes/No
gm
To
1.The Secretary,
Department of Tourism, Culture and
Religious Endowments,
Fort St.George, Chennai - 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments
Department,
Mahatma Gandhi Road,
Nungambakkam, Chennai - 600 034.
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Writ Petition No.11021 of 2023
3.The Joint Commissioner,
Hindu Religious and Charibtable Endowments
Department,
Collector Office Road,
Moovendar Nagar, Villupuram - 605 602.
4.The Assistant Commissioner,
Hindu Religious and Charibtable Endowments
Department,
Collector Office Road,
Moovendar Nagar, Villupuram - 605 602.
5.The Inspector,
Hindu Religious and Charitable Endowments
Department,
Vanur, Vanur Taluk,
Villupuram District - 605 109.
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Writ Petition No.11021 of 2023
N. ANAND VENKATESH, J
gm
Writ Petition No.11021 of 2023
12.04.2023
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