Rm.Rajendran vs K.Chandrasekaran ...1St
2023 Latest Caselaw 8612 Mad

                                                                      W.A(MD)No.1095 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 19.07.2023

                                                 CORAM:

                          THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                          and
                  THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                          W.A(MD)No.1095 of 2023
                                                  and
                                         C.M.P(MD)No.8398 of 2023

                RM.Rajendran                            ... Appellant/4th Respondent

                                                  Vs.

                1.K.Chandrasekaran                      ...1st Respondent/Writ Petitioner

                2.The Assistant Commissioner,
                  Hindu Religious and Charitable Endowments Department,
                  Pudukkottai.

                3.TheTahsildar,
                  Thirumayam,
                  Pudukottai District.

                4.The Inspector of Police,
                  Thirumayam Police Station,
                  Pudukottai District.           ... Respondents 2 to 4/respondents 1 to 3

                Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
                order made in W.P(MD)No.13408 of 2023, dated 09.06.2023.




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                                                                                  W.A(MD)No.1095 of 2023

                                           For Appellant           :Mr.G.Mathavan
                                           For R-1                 :No Appearance


                                           For R-2 to R-4    :Mr.S.P.Maharajan,
                                                             Special Government Pleader

                                                             ***
                                                        JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.)

Heard Mr.G.Mathavan, learned counsel for the appellant and

Mr.S.P.Maharajan, learned Special Government Pleader for respondents 2 to 4.

2.The fourth respondent in the writ petition in

W.P(MD)No.13408 of 2023, is the appellant in this writ appeal.

3.The first respondent herein filed the writ petition challenging the

proceedings of the Assistant Commissioner, Hindu Religious and Charitable

Endowments Department, Pudukottai, dated 06.04.2023 and to forbear the

respondents from interfering with the administration of the petitioner in

Arulmighu Avudayanayagi Ambal Sametha Agameswarar Thirukovil,

Pillamangalam Village, Thirumayam Taluk, Pudukottai District.

https://www.mhc.tn.gov.in/judis W.A(MD)No.1095 of 2023

4. When the writ petition was posted for hearing before the learned

Single Judge, the learned Special Government Pleader, who appeared for the

official respondents have informed the Court that the temple in question does

not come within the purview of Hindu Religious and Charitable Endowments

Department. Therefore, recording the statement of the learned Special

Government Pleader, the writ petition was allowed as prayed for. Challenging

the same, the appellant has filed this writ appeal.

5. It appears that at the instance of the appellant herein, the

impugned order itself was passed by the Assistant Commissioner, by which, the

Assistant Commissioner wanted to bring the temple under the control of Hindu

Religious and Charitable Endowments Department.

6. The Hindu Religious and Charitable Endowments Act, 1959

(in short “the Act”), applies to all Hindu religious institutions and endowments

including the incorporated Dewaswoms and Unincorporated Dewamswoms.

The Act defines what is religious institution under Section 6(18) of the Act.

The terms “religious institution” includes a temple which is defined under

Section 6(20) of the Act. As per Section 6(20) of the Act, “temple” means,

“a place by whatever designation known used as a place of public religious

https://www.mhc.tn.gov.in/judis W.A(MD)No.1095 of 2023

worship and dedicated to, or for the benefit of, or used as of right by, the Hindu

community or of any section thereof, as a place of public religious worship”.

7. It appears that the first respondent/writ petitioner has specifically

raised a ground that the temple is a private temple. It is the specific case of the

writ petitioner that the temple itself belongs to the family of the first

respondent. However, the learned counsel appearing for the appellant refers to

several documents to show that the temple is a public temple. This Court

cannot go into such issues as the Act has provided a machinery to decide

whether the temple is a public temple or private temple in terms of Section

63(a) of the Act. Therefore, leaving it open to the appellant to approach the

Joint Commissioner/Deputy Commissioner under Section 63(a) of the Act, this

writ appeal is closed. No Costs. Consequently, connected miscellaneous

petition is closed.

                                                            [S.S.S.R., J.]   [D.B.C., J.]
                                                                     19.07.2023
                Index         : Yes / No
                NCC           : Yes/No

                pm





https://www.mhc.tn.gov.in/judis
                                                                 W.A(MD)No.1095 of 2023

                To

                1.The Assistant Commissioner,

Hindu Religious and Charitable Endowments Department, Pudukkottai.

2.TheTahsildar, Thirumayam, Pudukottai District.

3.The Inspector of Police, Thirumayam Police Station, Pudukottai District.

https://www.mhc.tn.gov.in/judis W.A(MD)No.1095 of 2023

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY, J.

pm

W.A(MD)No.1095 of 2023

19.07.2023

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