M.A.Sivalingam vs The Joint Commissioner
2023 Latest Caselaw 7759 Mad

                                                                               W.A.No.1405 of 2023



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:     06.07.2023

                                                           CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                            AND
                                      THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                                   W.A.No.1405 of 2023
                     M.A.Sivalingam                                            .. Appellant

                                                             Vs

                     The Joint Commissioner,
                     Hindu Religious Charitable & Endowment Dept.,
                     Erode.                                                    .. Respondent

                     Prayer: Appeal under Clause 15 of the Letters Patent against the order
                     10.12.2021 passed in W.P.No.26388 of 2021 by the learned Single
                     Judge.

                                      For the Appellant       : Mr.A.V.Arun
                                      For the Respondent      : Mr.N.R.R.Arun Natarajan
                                                                Spl. G.P. (HR & CE)

                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.A.V.Arun, learned counsel for the appellant

and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR

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https://www.mhc.tn.gov.in/judis W.A.No.1405 of 2023

& CE) for the respondent.

2. The appellant assails the order passed by the learned Single

Judge of this court thereby dismissing the writ petition filed by the

appellant.

3. In the writ petition, the appellant, claiming to be de facto

trustee, sought a direction against the respondent not to interfere with

the appellant's right of administration and management of the temple

as a de facto trustee.

4. Learned counsel for the appellant submits that the appellant

was never served with the order appointing a Fit Person and, as such,

had not assailed the same.

5. According to learned counsel for the appellant, the appellant,

being the de facto trustee, is entitled to manage the affairs of the

temple. The appellant has already filed O.A.No.151 of 2021 for

framing the scheme enabling the temple to run in a proper manner.

The learned Single Judge has not considered the said aspect.

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6. In fact, the appellant is aware that the Fit Person is appointed

more than three years back. In the application filed by the appellant

for framing of the scheme, the appellant himself has made a reference

of the Fit Person being appointed. Once the original order is not

challenged, no question arises of a consequential relief being claimed.

7. In view of that, no error has been committed by the learned

Single Judge in passing the impugned order. The appellant may

prosecute his application filed under Section 64 of the Tamil Nadu

Hindu Religious and Charitable Endowments Act, 1959.

With these observations, the writ appeal is dismissed. There will

be no order as to costs.

                                                           (S.V.G., CJ.)                 (P.D.A., J.)
                                                                           06.07.2023
                     Index            :              Yes/No
                     Neutral Citation :              Yes/No
                     sasi




                     __________

https://www.mhc.tn.gov.in/judis W.A.No.1405 of 2023

To:

The Joint Commissioner, Hindu Religious Charitable & Endowment Dept., Erode.

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https://www.mhc.tn.gov.in/judis W.A.No.1405 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.1405 of 2023

06.07.2023

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https://www.mhc.tn.gov.in/judis