Madras High Court
G.Narayanasamy Gounder vs The Commissioner on 14 June, 2023
WA No.1107 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WA No. 1107 of 2023
and CMP No.11191 of 2023
G.Narayanasamy Gounder ... Appellant
-vs-
1. The Commissioner,
Hindu Religious & Charitable Endowment
Department, No.119, Uttamar Gandhi Road,
Thousand Lights West, Nungambakkam,
Chennai 600 034.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowment
Department, 182, First Floor, Cotton
Market Complex, Palladam Road,
Tiruppur 641 604.
3. The Executive Officer,
Arulmighu Ponkaliamman Koil,
Palladam, Tiruppur 641 664.
4. The Inspector
HR & CE Department,
Arulmighu Ponkaliamman Koil,
Palladam, Tiruppur 641 664.
Page 1 of 6
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WA No.1107 of 2023
5. The Inspector of Police,
Avinashipalayam Police Station,
Avinashipalayam, Tiruppur District.
6. The Superintendent of Police,
Tiruppur District, Palladam Road,
Tiruppur.
7. M.Manoharan
8. R.Dharmalingam
9. P.Ilamurugan ... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 31.03.2023 passed in W.P.No.10152 of 2023 on
the file of this Court.
For the Appellant :: Mr.P.M.Duraiswamy
For the Respondents :: Mr.R.Shunmugasundaram
Advocate General
assisted by Mr.N.R.R.Arun Natarajan,
Spl.Govt. Pleader (HR & CE) and
Ms.A.G.Shakeena for RR 1 to 6
*****
JUDGMENT
(Made by the Hon'ble Chief Justice)
We have heard Mr.P.M.Duraiswamy, learned counsel for the
appellant and Mr.R.Shunmugasundaram, learned Advocate General for
the respondents.
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WA No.1107 of 2023
2. The appellant is challenging the order passed by the learned
Single Judge. The appellant had challenged the appointment of
respondents 7 to 9 as trustees. The learned Single Judge observed
that the appellant has a remedy under Section 47 of the Tamil Nadu
Hindu Religious and Charitable Endowments Act, 1959.
3. The learned Advocate for the appellant submits that the
appellant is not a trustee, as such the provision under Section 47 of
the Act would be inapplicable.
4. The learned Advocate General refers to Sub-Section (3) of
Section 26 of the Act, 1959 and submits that the appellant has a
remedy available.
5. The appellant alleges that respondents 7 to 9 are disqualified
for being appointed as trustees. The disqualification is detailed in
Section 26(1) of the Act, 1959.
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WA No.1107 of 2023
6. Sub-Section (3) of Section 26 of the Act 1959 empowers the
Joint/Deputy Commissioner to decide the question as to whether a
trustee has become subject to any of the disqualifications mentioned
in Sub-Section (1) and/or Sub-Section 1(a) of Section 26 of the Act,
1959.
7. In light of that, though the learned counsel for the appellant
sought to canvass submissions on merits, we are not inclined to
consider the same and relegate the appellant to an alternate remedy
as has been observed by the learned single judge, however quoting a
different provision.
In light of that, the writ appeal is disposed of with liberty to the
appellant to avail the alternate remedy. In that event all contentions
are kept open.
(S.V.G., CJ.) (P.D.A., J.)
14.06.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
https://www.mhc.tn.gov.in/judis
WA No.1107 of 2023
To
1. The Commissioner,
Hindu Religious & Charitable Endowment
Department, No.119, Uttamar Gandhi Road,
Thousand Lights West, Nungambakkam,
Chennai 600 034.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowment
Department, 182, First Floor, Cotton
Market Complex, Palladam Road,
Tiruppur 641 604.
3. The Executive Officer,
Arulmighu Ponkaliamman Koil,
Palladam, Tiruppur 641 664.
4. The Inspector
HR & CE Department,
Arulmighu Ponkaliamman Koil,
Palladam, Tiruppur 641 664.
5. The Inspector of Police,
Avinashipalayam Police Station,
Avinashipalayam, Tiruppur District.
6. The Superintendent of Police,
Tiruppur District, Palladam Road,
Tiruppur.
https://www.mhc.tn.gov.in/judis
WA No.1107 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
WA No.1107 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
