Madras High Court
Yarasee M.Nataraja Chettiar Trust vs The Commissioner on 1 July, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
WA No.1994 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
WA No.1994 of 2022
Yarasee M.Nataraja Chettiar Trust
Represented by its Trustee
K.Skandamurugan
Flat No.801, 8th Floor, Prince Residency
7/20, Sterling Avenue
Nungambakkam
Chennai-600034. ... Appellant
versus
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam High Road,
Chennai-600034.
2.The Joint Commissioner
Hindu Religious and Charitable Endowments Department,
Villupuram.
1/9
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WA No.1994 of 2022
3.K.Murugan
Executive Officer,
Arulmigu Thillaikaliamman Thirukoil
Chidambaram.
4.The Inspector of Police,
Chidambaram Town,
Cuddalore,
Chidambaram. ... Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge
in WP No.5049 of 2014 dated 14.07.2021.
For the Appellant :Mr.P.Valliyappan
Senior Counsel
For the Respondents :Mr.N.R.R.Arun Natarajan
Special Government Pleader
for respondents 1 and 2
Mr.S.Prabhakaran
Government Advocate
for fourth respondent
JUDGMENT
(Order of the Court was made by D.KRISHNAKUMAR, J.)
The Writ Appeal is filed against the order of the learned Single
Judge in WP No.5049 of 2014 dated 14.07.2021.
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2. It is the case of the appellant/petitioner that A.V.Ramalinga
Chettiyar was his grandfather's grand and he constituted a Trust on
08.05.1933 for the purposes of carrying out various charitable and
philanthropic activities. The income from the aforesaid Trust property was
to be utilized for Annnadhanam during the Arudra and Ani Thirumanjanam
festivals of the Sabanayakar Temple at Chidambaram. The said property was
dilapidated and the trust was not in receipt of sufficient income to allow the
repairs to its properties. Hence, the appellant/petitioner filed O.S.No.38 of
2009 before the Principal District Court at Cuddalore seeking permission to
sell the Trust Property. The said suit was decreed on 16.04.2009 and the sale
deed registered on 30.04.2009. The sale consideration of a sum of
Rs.50,00,000/- were directed to be deposited in Indian Bank, Cuddalore
District. According to the appellant, the interest from the deposits of the
proceeds from sale of the said property are being utilized towards the objects
of the Trust.
3. Since the Hindu Religious and Charitable Endowments Department
was not a party in the above suit, the second respondent/Joint
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Commissioner, Hindu Religious and Charitable Endowments Department
vide proceedings dated 10.01.2014, has appointed one K.Murugan,
Executive Officer Grade II of Arulmighu, Thillaikaliamman Temple,
Chidambaram Town and Taluk, as Thakkar (Fit person). The said
Thakkar/Executive person was directed to take up the charges of
Annadhanam Charitable Choultry voluntarily and to submit a report along
with the report of taking charge. Challenging the said order, the
appellant/petitioner has filed the writ petition. The writ court, by order dated
14.07.2021 disposed of the writ petition with the following observations:
13.The petitioner has been enjoying interim
protection till date. Henceforth, the Executive
Officer appointed shall be in joint management of
the asset, being the fixed deposit till such time the
enquiry on CSR 236/2014 is complete, which
shall, in any event be so completed within a
period of twelve (12) weeks from today. The
directions as contained in paragraph 9 of this
order shall be complied with, within a period of
16 weeks taking note of the result of the enquiry
of CSR No.236/2014 as well.
4. Aggrieved by the said order passed by the writ court, the
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appellant/petitioner has filed the present intra-court appeal.
5. Learned Senior counsel for the appellant would submit that one
ARC Nataraja Chettiar Trust has filed a suit in OS No.99 of 2014 on the file
of the IInd Additional District Court, Chidambaram seeking to declare the
sale deed dated 30.04.2009 as null and void. At the time of the aforesaid
writ petition, the aforesaid suit was pending and now, the said suit came to
be dismissed. Therefore, no dispute is pending before any civil court.
6. Learned Senior Counsel for the appellant further submitted that, as
directed by the learned Single Judge, investigation is also concluded by the
Department and therefore, there is no legal impediment to set aside the order
of the passed by the second respondent. However, the learned Single Judge
based on the available material, passed an order, directing the executive
officer appointed by the second respondent, to be in joint management of the
asset, being the fixed deposit, till the enquiry in CSR 236/2014 is completed.
7. Learned Special Government Pleader appearing for the Department
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submitted that the Department has misunderstood the order of the learned
Single Judge that executive officer of the same temple shall be in joint
management of the asset, being the fixed deposit till the enquiry is
completed. He further submits that the enquiry is concluded.
8. At this juncture, both the parties have fairly agreed that the matter
may be remitted back to the second respondent to consider and pass
appropriate orders, in the light of the aforesaid submissions made by the
parties concerned.
9. On a careful reading of paragraph 13 of the order, it is clearly stated
that executive officer appointed by the second respondent shall be in joint
management of the asset, being the fixed deposit, till the enquiry is
completed. The said order has been wrongly interpreted by the authority
concerned. Both the parties have agreed that subsequent events have taken
place and all the disputes are over. The civil suit as well as Investigation is
also over. The Learned Government Pleader submits that the report is ready.
10. In view of the above, this is Court is of the view that, as agreed by
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both the parties, the order of the second respondent dated 10.01.2014 is set
aside and the matter is remitted back to the second respondent to consider
afresh and take appropriate decision, after giving opportunity to the
appellant as well as any other aggrieved person. The second respondent is
directed to take a decision, as early as possible, within a period of 8 weeks
from the date of receipt of a copy of this judgment. Till such time, the
appellant as well as fit person/executive officer shall continue to be in joint
management of the asset.
11. With the above, the writ appeal stands disposed of accordingly.
There shall be no order as to costs. Consequently, CMP No.14597 of 2022
is closed.
[D.K.K., J.] [K.B., J.]
01.07.2024
Index : Yes/No
Neutral Citation : Yes/No
mrn
To
1.The Commissioner,
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Hindu Religious and Charitable Endowments Department,
Nungambakkam High Road,
Chennai-600034.
2.The Joint Commissioner
Hindu Religious and Charitable Endowments Department,
Villupuram.
3. The Inspector of Police,
Chidambaram Town,
Cuddalore,
Chidambaram.
D.KRISHNAKUMAR, J.
and
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K.KUMARESH BABU, J.
(mrn)
01.07.2024
https://www.mhc.tn.gov.in/judis
