Madras High Court
A.T.Karuppaswamy vs U.Muthu on 30 August, 2023
2023/MHC/4095
W.A.(MD) No.475 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.475 of 2023
and
C.M.P.(MD)No.4878 of 2023
A.T.Karuppaswamy : Appellant/5th Respondent
-vs-
1.U.Muthu
2.S.Malmurugan : Respondents 1 & 2/Petitioners
3.The District Collector,
Collectorate, Korampalam,
Thoothukudi,
Thoothukudi District.
4.The Joint Commissioner,
Office of the Joint Commissioner,
Department of Hindu Religious and Charitable Endowment,
Thoothukudi.
5.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Tiruchendur,
Thoothukudi District.
6.The Tahsildar,
Taluk Office,
Tiruchendur,
Thoothukudi District. : Respondents 3 to 6/Respondents 1 to 4
____________
https://www.mhc.tn.gov.in/judis
Page 1 of 7
W.A.(MD) No.475 of 2023
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 14.03.2023 made in W.P.(MD)No.5359 of 2023 on the
file of this Court.
For Appellant : Mr.Valliappan
Senior Counsel
for Mr.S.Shriram Narayanan
For Respondents : Mr.V.Rajiv Rufus for R1 & R2
Mr.S.P.Maharajan
Special Government Pleader for R3 to R6
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
This writ appeal is directed against the order of the learned Single Judge
in a writ petition filed by the respondents 1 and 2 in W.P.(MD)No.5359 of
2023, dated 14.03.2023.
2.The brief facts, which are necessary for the disposal of this writ
appeal, are as follows:
2.1. The second respondent in this appeal has filed an application before
the Joint Commissioner, Thoothukudi, under Section 63 of the Tamil Nadu
Hindu Religious and Charitable Endowments Act, 1959. In the petition, the
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.475 of 2023
second respondent prayed for a declaration to declare the temple known as
Arulmighu Sri Manthiramurthy Swami Temple as a religious institutions fall
under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
The temple appears to be a public temple. The appellant admits that it is a
public temple and it appears that there is a dispute with regard to the
character of the temple whether it is a public or private temple. The second
respondent/petitioner, in his application, has sought for a declaration that the
temple is a religious institution which comes within the purview of the Tamil
Nadu Hindu Religious and Charitable Endowments Act 1959. The further
prayer is for administration of the temple by appointing a Special Officer and
to take charge from the persons, who are mismanaging the affairs of the
temple.
2.2. During the pendency of the application, the respondents 1 and 2/
petitioners appears to have submitted several other representations with the
revenue officials. Be that as it may, the petitioners filed a writ petition for
issuance of a Writ of Mandamus directing the second respondent in the writ
petition to pass an order in the original application filed by the second
respondent/writ petitioner under Section 63 of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959. The said writ petition was
disposed of with a direction to the Joint Commissioner/fourth respondent to
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.475 of 2023
consider and pass final orders on the application filed by the petitioners,
giving opportunity of personal hearing to both the writ petitioners as well as
the appellant/fifth respondent within a period of eights weeks from the date of
receipt of a copy of the order.
3. However, this Court having regard to the serious allegations made
against the appellant/fifth respondent held that the fourth respondent shall
not proceed with the demolition and construction of the building till such
time, the application filed by the petitioners is disposed of.
4. The learned counsels appearing for the writ petitioners as well as the
appellant states that the learned Single Judge has only directed the
appellant/fifth respondent not to demolish or to construct the temple till such
time, the application filed by the writ petitioners under Section 63 application
is disposed of.
5. The learned Senior Counsel appearing on behalf of the appellant
submitted that the writ petition was disposed of without hearing the
appellant/fifth respondent. He also submitted that the fifth respondent is not
aggrieved by the direction for the disposal of the original application in O.A.No.
6 of 2022, but only the observation, wherein, the learned Single Judge has
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.475 of 2023
directed the fifth respondent in the writ petition not to demolish any temple
building or to put up any new construction. In this context, the learned Senior
Counsel would point out that the fifth respondent had undertaken renovation
works by spending a great cost and the entire work proposed is in the middle.
6. In the said circumstances, this Court is of the view that the direction
by the learned Single Judge would indirectly amount to take over the
management of the temple by the persons who are now holding office either as
adhoc trustees or defacto trustee. Therefore, this Court is inclined to allow the
Writ Appeal only as against the direction of the learned Single Judge directing
the appellant/fifth respondent not to demolish or construct the temple. That
portion of the order is set aside. The fourth respondent is directed to consider
and dispose of the application filed by the writ petitioners under Section 63 of
the Hindu Religious and Charitable Endowment Act, within a period of four
weeks from date of receipt of a copy of this order, on merits and in accordance
with law, after issuing notice to the appellant and the writ petitioners or any
one of the interested parties.
7. Accordingly, the Writ Appeal stands allowed. No costs. Consequently,
connected miscellaneous petition is closed.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.475 of 2023
[S.S.S.R., J.] [D.B.C., J.]
30.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.475 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
To
1.The District Collector,
Collectorate, Korampalam,
Thoothukudi,
Thoothukudi District.
2.The Joint Commissioner,
Office of the Joint Commissioner,
Department of Hindu Religious and Charitable Endowment,
Thoothukudi.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Tiruchendur,
Thoothukudi District.
4.The Tahsildar,
Taluk Office,
Tiruchendur,
Thoothukudi District.
W.A.(MD) No.475 of 2023
and
C.M.P.(MD)No.4878 of 2023
30.08.2023
____________
https://www.mhc.tn.gov.in/judis
