Madras High Court
Dhanam vs V.Aarthi .. 1St on 5 October, 2023
W.A.(MD).Nos.1014 and 1046 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2023
CORAM
THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).Nos.1014 and 1046 of 2023
and
C.M.P.(MD).Nos.7789, 7963 and 7964 of 2023
W.A.(MD).No.1014 of 2023
1.Dhanam
2.P.Pandeeswari .. Appellant/Respondents 4 & 5
Vs.
1.V.Aarthi .. 1st Respondent/Writ Petitioner
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Chennai.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
4.The Board of Trustees,
Arulmighu Pandi Muneeswarar Thirukovil,
Melamadai,
Madurai. .. Respondents 2-4 /
Respondents 1-3
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W.A.(MD).Nos.1014 and 1046 of 2023
5.Ponnu Pandian
6.Lakshmi
7.Jaiveerapandi
8.Rithish Pandi
9.Rajesh Pandi .. Respondents 5-9/Respondents 6-10
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside
the order dated 05.04.2023 passed in W.P.(MD).No.3167 of 2023 on the file
of this Court and thereby allow this appeal.
For Appellants : Mr.A.V.Arun
For R-1 : Mr.VR.Shanmuganathan
For R-2 & R-3 : Mr.P.Subbaraj
Special Government Pleader
For R-6 & R-8 : M/s.J.Anandhavalli
For R-4, R-5, : No appearance
R-7 & R-9
W.A.(MD).No.1046 of 2023
P.M.Pandiarajan .. Appellant/Petitioner
Vs.
1.The Commissioner,
HR & CE (Admn),
Chennai.
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W.A.(MD).Nos.1014 and 1046 of 2023
2.The Joint Commissioner,
HR & CE (Admn),
Madurai.
3.R.Lakshmi
4.Ponnu Pandian
5.Jayaveera Pandi
6. Rajesh Pandi
7.Rishi Pandi
8.V.Aarthi
9.Dhanam
10.Paandeeswari .. Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside
the order dated 18.04.2023 passed in W.P.(MD).No.8094 of 2023 on the file
of this Court and thereby allow this appeal.
For Appellant : Mr.P.Thiagarajan
For R-1 & R-2 : Mr.P.Subbaraj
Special Government Pleader
For R-3 & R-7 : M/s.J.Anandhavalli
For R-8 : Mr.VR.Shanmuganathan
For R-9 & R-10 : Mr.A.V.Arun
For R-4, R-5 & R-6: No appearance
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W.A.(MD).Nos.1014 and 1046 of 2023
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The Writ Appeals on hand have been instituted challenging the orders
passed in W.P.(MD).No.3167 of 2023 dated 05.04.2023 and W.P.(MD).
No.8094 of 2023 dated 18.04.2023.
2. The writ proceedings was instituted questioning the order dated
13.01.2023 passed in R.P.No.8/2021/D2, R.P.No.71/2021/D2 and
R.P.No.153/2021/D2. Further direction was also sought for to deposit the
share pertaining to Mr.Veerapandi in a separate account till the disposal of
suo motu revision pending before the Commissioner of Hindu Religious and
Charitable Endowments Department.
3. The undisputed facts between the parties were considered in the
orders, which are under challenge before us. By considering the undisputed
facts between the parties, the learned Single Judge considered the fact that
Mr.Veerapandi was sharing the offerings from the temple and he died. After
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W.A.(MD).Nos.1014 and 1046 of 2023
his death, his legal heirs must be provided with shares. The decision in this
regard by the learned Single Judge has been disputed by the appellants.
4. The learned counsel for the appellants mainly contended that the
deceased Veerapandi has no right to share the offerings from the temple.
5. It is not in dispute that the rights of the parties are yet to be
crystallised. It is only an interim arrangement made by the learned Single
Judge in exercise of the discretionary power and to maintain balance in the
matter of sharing of offerings. Therefore, we are not inclined to interfere
with the orders, which are under challenge in the present Writ Appeals.
However, the rights of the parties have to be determined by the
Commissioner by considering the issues elaborately.
6. It is brought to our notice that suo motu revision has been
instituted by the Commissioner, Hindu Religious and Charitable
Endowments Department in Suo Motu Revision Petition No.3/2018, which
is sub judice. The learned counsel for the appellants made a submission that
another review petition is pending before the Government. In these
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W.A.(MD).Nos.1014 and 1046 of 2023
circumstances, the Commissioner, Hindu Religious and Charitable
Endowments Department/first respondent in W.A.(MD).No.1014 of 2023, is
directed to conduct an enquiry by affording an opportunity to all the parties
concerned and decide the issues on merits and in accordance with law in
Suo Motu Revision Petition No.3/2018 and other revision petitions pending
before him, within a period of four (4) weeks from the date of receipt of a
copy of this judgment.
7. Accordingly, the Writ Appeals are disposed of. There shall be no
order as to costs. Consequently, connected miscellaneous petitions are
closed. Post the matter for reporting compliance after five weeks.
(S.M.S.,J.) (V.L.N.,J.)
05.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
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W.A.(MD).Nos.1014 and 1046 of 2023
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
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W.A.(MD).Nos.1014 and 1046 of 2023
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).Nos.1014 and 1046
of 2023
05.10.2023
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