The Commissioner vs Sri Varasiddhi Vinayagar Sath ...
2023 Latest Caselaw 8834 Mad

                                                                         W.A.No.2575 of 2022


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:   21.07.2023

                                                    CORAM


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


                                              W.A.No.2575 of 2022

                     The Commissioner
                     Hindu Religious and Charitable
                       Endowments Admn. Department
                     Nungambakkam
                     Chennai 600 034.                               ..    Appellant
                                                    Vs.

                     1. Sri Varasiddhi Vinayagar Sath Sangam
                        Rep. By its Secretary
                        No.E-96A, 3rd Avenue, Besant Nagar
                        Chennai 600 090.

                     2. The Additional Commissioner
                        Hindu Religious and Charitable
                          Endowments (Admn.) Department
                        Nungambakkam
                        Chennai 600 034.

                     3. The Joint Commissioner
                        Hindu Religious and Charitable
                          Endowments (Admn.) Department
                        Nungambakkam
                        Chennai 600 034.


                     Page 1 of 6


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                                                                                 W.A.No.2575 of 2022


                     4. The Assistant Commissioner
                        Hindu Religious and Charitable
                          Endowments (Admn.) Department
                        Nungambakkam, Chennai 600 034.

                     5. The Executive Officer
                        Sri Varasiddhi Vinayagar Temple
                        Besant Nagar, Chennai 600 090                      ..     Respondents

                     [R2 to R4 – Given up vide endorsement
                     made by the appellant dated 21.07.2023]

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 09.07.2021 made in W.P.No.22926 of 2014.


                                     For the Appellant          : Mr.R.Shunmugasundaram
                                                                  Advocate General
                                                                  Assisted by
                                                                  Mr.N.R.R.Arun Natarajan
                                                                  Special Government Pleader

                                     For the Respondents        : Mr.G.Rajagopalan
                                                                  Senior Counsel
                                                                  For M/s.G.R.Associates

                                                                  R2 to R4 – Given up

                                                       JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.R.Shunmugasundaram, learned Advocate

General, assisted by Mr.N.R.R.Arun Natarajan, learned Special

Government Pleader for the appellant and Mr.G.Rajagopalan,

https://www.mhc.tn.gov.in/judis W.A.No.2575 of 2022

learned Senior Counsel for M/s.G.R.Associates for the first

respondent.

2. The order dated 09.07.2021 passed in W.P.No.22926 of

2014 is assailed.

3. Under the impugned order, the learned Single Judge has

held that the Executive Officer cannot remain in the office in

perpetuity. His maximum tenure is five years. The learned Single

Judge has further observed that the procedure for constitution of the

Board of Trustees going forward, shall be that the Sangam shall

make its recommendations for non-hereditary trustees as

expeditiously as possible and appointments shall be made by the

Joint Commissioner within a period of four weeks from the date of

receipt of the recommendations from the Sangam. The present

arrangement shall continue till such time the exercise as aforesaid is

completed.

https://www.mhc.tn.gov.in/judis W.A.No.2575 of 2022

4. In view of that, the Executive Officer still continues. It is

submitted by learned Senior Counsel for the first respondent that on

06.01.2021, five names have been suggested by the Sangam. The

copy of the said letter is also handed over to learned Advocate

General.

5. The appointment of Trustees shall have to be made in

consonance with the scheme operating. The names are already

suggested by the Sangam.

6. In view of that, the Commissioner, HR & CE shall take a

decision for the constitution of the Board of Trustees in accordance

with the Scheme, expeditiously and preferably within three months.

The writ appeal is accordingly disposed of. There will be no

order as to costs.

                                                              (S.V.G., CJ.)            (P.D.A., J.)
                                                                                      21.07.2023
                     Index                   : Yes/No

https://www.mhc.tn.gov.in/judis W.A.No.2575 of 2022

Neutral Citation : Yes/No kpl

https://www.mhc.tn.gov.in/judis W.A.No.2575 of 2022

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

(kpl)

W.A.No.2575 of 2022

21.07.2023

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