Madras High Court
K.K.A.Ananthalwan vs Shri Thatha Desika ... on 8 August, 2023
W.A.No.2034 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2034 of 2023
K.K.A.Ananthalwan .. Appellant
Vs
1.Shri Thatha Desika Thiruvamsathavar Sabha,
8B, Sannadhi Street,
Kancheepuram – 631 501
rep. by its Secretary T.K.Sampathkumaran.
2.T.K.Sampathkumaran
3.The Commissioner,
Hindu Religious & Charitable Endowment Dept.,
119, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
4.The Joint Commissioner,
Hindu Religious & Charitable Endowment Dept.,
11/20, AKT Street, Little Kanchipuram,
Kanchipuram – 631 501.
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W.A.No.2034 of 2023
5.The Executive Trustee,
Arulmigu Devarajaswamy Thirukoil,
Little Kanchipuram,
Kanchipuram – 631 501. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 31.03.2023 passed by the learned Single Judge in
W.P.No.10033 of 2023
For the Appellant : Mr.Karthik Rajan
For the Respondents : Mr.N.R.R.Arun Natarajan
Spl. G.P. (HR & CE)
for respondent Nos.3 & 4
: Mr.R.Bharanidharan
for respondent No.5
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.Karthik Rajan, learned counsel for the
appellant; Mr.N.R.R.Arun Natarajan, learned Special Government
Pleader (HR & CE) for respondents 3 and 4 and
Mr.R.Bharanidharan, learned counsel for the fifth respondent.
2. Learned counsel for the appellant submits that the learned
Single Judge of this Court in the writ petition filed by respondents 1
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W.A.No.2034 of 2023
and 2, in effect, set aside the compromise that was executed
between the parties in the earlier round of litigation i.e., in
W.P.No.6119 of 2023, and that was recorded under order dated
26.03.2004. The temple even attempted to file an appeal and the
same was also not entertained by the Division Bench of this Court.
A quietus has been placed to the issue in the earlier round of
litigation. In spite of the above, the learned Single Judge has
passed the impugned order thereby directing the Joint
Commissioner to consider the issue afresh. After having suffered
the order in the earlier round of litigation, it was not open for the
present respondents 1 and 2 to file a fresh petition and that too
after 18 years. The compromise and the order of this Court was
accepted by respondents 1 and 2 for a period of 18 years. Now, it
is too late in the day for them to contend otherwise.
3. We have considered the submissions.
4. The learned Single Judge of this Court has considered
Section 63(e) of the Tamil Nadu Hindu Religious and Charitable
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W.A.No.2034 of 2023
Endowments Act, 1959. Under the said provision, whether any
person is entitled, by custom or otherwise, to any honour,
emolument or perquisite in any religious institution and what the
established usage of a religious institution is in regard to any other
matter shall be considered by the Joint Commissioner or Deputy
Commissioner, as the case may be.
5. The scheme is never permanent. Even the scheme can be
modified. The fourth day of Panguni Uthiram festival is already over
in April, 2023. The course adopted by the learned Single Judge is a
plausible course and would set at rest the dispute between the
parties legally.
6. In the light of that, we are not inclined to disturb the order
passed by the learned Single Judge.
7. The writ appeal, as such, is disposed of. The appellant
may make an application under Section 63(e) of the Act within 15
days from today. If such application is made, the Joint
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W.A.No.2034 of 2023
Commissioner, HR & CE, shall decide the said application on its own
merits, in accordance with law and the procedure, preferably by
31.01.2024.
There will be no order as to costs. Consequently,
C.M.P.No.17278 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
08.08.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
1.The Commissioner,
Hindu Religious & Charitable Endowment Dept.,
119, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious & Charitable Endowment Dept.,
11/20, AKT Street, Little Kanchipuram,
Kanchipuram – 631 501.
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W.A.No.2034 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
bbr
W.A.No.2034 of 2023
08.08.2023
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