Madras High Court
P.K.Periyagangai vs The Commissioner on 11 September, 2023
W.P(MD)No.21931 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P(MD)No.21931 of 2023
and
W.M.P(MD)No.18294 and 18295 of 2023
1. P.K.Periyagangai
2. Ravi Kumar ... Petitioners
-vs-
1. The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam,
Chennai.
2. The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
3. Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
4. The Inspector,
Hindu Religious and Charitable Endowment Department,
Alanganallur,
Madurai.
5. Executive Officer,
Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil,
Alanganallur,
Madurai District.
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W.P(MD)No.21931 of 2023
6. Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil,
Alanganallur,
Rep. by its Present Trustee/Fit Person,
Alanganallur,
Madurai District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the 1 to 3 respondents
herein more particularly the Joint Commissioner / 2nd respondent to
reissue the application forms for selection of eligible persons for the
non-hereditary trustee committee for Arulmigu Muniyandi Swamy
Vagaiyara Thirukkovil, Alanganallur, Madurai District, in accordance
with the order dated 11.11.2022 passed in W.P.(MD)No.13107 of 2020
and as per the circular issued by the 1st respondent in Na.Ka.No.
17321/2022-2/A2 dated 23.01.2023.
For Petitioners : Mr.V.Meenakshi Sundaram, Senior Counsel
For R1 to R6 : Mr.P.Thilakkumar, Government Pleader
ORDER
[Order of the Court was made by S.S.SUNDAR, J.]
This writ petition is filed for issuance of a Writ of
Mandamus, directing respondent Nos.1 to 3 herein, more particularly,
the Joint Commissioner/respondent No.2 to re-issue application forms
for selection of eligible persons for non-hereditary trustee committee of
Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur,
Madurai District, in accordance with order dated 11.11.2022 passed in
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W.P(MD)No.21931 of 2023
W.P.(MD)No.13107 of 2020 and as per the Circular issued by
respondent No.1 in Na.Ka.No. 17321/2022-2/A2, dated 23.01.2023.
2. The petitioners are residents of Alanganallur Village. It is
their case that respondent No.2 has invited applications from eligible
persons for appointment of non hereditary trustee in Arulmigu
Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Madurai
District, without specifying a column in the model application as
regards the political background of the candidates who apply for being
appointed as non hereditary trustees. Hence, this writ petition.
3. Learned Senior Counsel appearing for the petitioner relies
upon the judgment of the Division Bench of this Court in Suo Motu
W.P.No.574 of 2015 and connected matters which were disposed of by
order dated 07.06.2021, wherein, the Division Bench has given several
directions and indicated that there shall be a prohibition for the person
with political background to be appointed as a trustee or employee of
the temple in any cadre in view of Rule 14 of the Tamil Nadu
Government Servant Conduct Rules. It is brought to the notice of this
Court that in the Review Application(Writ) Nos.169 and 170 of 2021,
by order dated 02.06.2023, the Division Bench has only observed that
trustees who play a significant role in the day to day management of
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W.P(MD)No.21931 of 2023
temple administration are to be people of impeachable character with
devotion towards the deity. The suggestion was that the person who
seeks appointment as non hereditary trustee, should not be based on
political will but mere political connection is not a disqualification. The
petitioner has stated that the applications called for by the respondent
No.2 without providing a column as to the fact whether the applicant
has any political allegiance or political background is improper and
therefore, the whole selection should be proceeded by issuing a fresh
notification. This Court is unable to find specific directions to
disqualify persons who have mere political connection.
4. Though this Court is convinced that it is desirable to have
persons without political background as non hereditary trustee in the
temple as directed by this Court earlier, this Court is unable to find
any valid reason to stall the selection process or to direct issuance of
fresh notification, as the fact whether the applicants to the posts are
having political background or not, can be considered before
appointment by conducting an interview where the proposed
candidates should be asked to file an affidavit as to their eligibility by
disclosing the candidate's political allegiance, if any. The consideration
as to the eligibility will be in accordance with the directions of the
Hon'ble Division Bench referred to above.
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W.P(MD)No.21931 of 2023
5. Therefore, this Writ Petition is disposed of with a direction
to respondent No.2 to ensure that the directions of this Court in the
order referred to above are followed while appointing non hereditary
trustees, pursuant to the notification. The respondent No.2 shall
specifically require the prospective candidates to file an affidavit
disclosing the details which are required to be considered as per the
directions. No costs. W.M.P(MD)No.18294 of 2023 filed to permit the
petitioners to file a single writ petition is allowed and disposed of, as
they have paid separate sets of court fee. W.M.P(MD)No.18295 of 2023
is closed.
[S.S.S.R, J.] [D.B.C., J.]
11.09.2023
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam, Chennai.
2. The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
3. Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai.
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W.P(MD)No.21931 of 2023
4. The Inspector,
Hindu Religious and Charitable Endowment Department,
Alanganallur, Madurai.
5. Executive Officer,
Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil,
Alanganallur,
Madurai District.
6. The Present Trustee/Fit Person,
Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil,
Alanganallur,
Madurai District.
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W.P(MD)No.21931 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
bala
W.P(MD)No.21931 of 2023
11.09.2023
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