Madras High Court
E.Gopal vs The Commissioner on 24 October, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
WP.No.31317 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
WP.No.31317 of 2016 &
WMP.No.27168 of 2016
E.Gopal
Hereditary Trustee of A/m/Chendrayaperumal Temple,
situated at Swaminayakanpatti Village,
Omalur Taluk, Salem District
Residing at Swaminayakanpatti Village,
Omalur Taluk, Salem District. .. Petitioner
Versus
1.The Commissioner,
H.R.& C.E. [Admin] Department,
Nungambakkam High Road,
Chennai – 600 034.
2. The Joint Commissioner,
H.R. & C.E. [Admin] Department,
Salem.
3. The Executive Officer/Fit Person,
A/m.Prasanna Venkatramanasamy Temple,
Karuvalli, Chinna Thirupati,
Omalur, Salem District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari calling for the records relating to the
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WP.No.31317 of 2016
impugned Order of the Commissioner, HR & CE, Chennai, issued in R.P.No.
175/2016 D2 dated 19.08.2016 and quash the same as illegal.
For Petitioner : Mr.M.Rukmangathan
For Respondents : Mr.N.R.R.Arun Natarajan
Special Government Pleader – R1 & R2
Mr.E.Ganesh – R3
ORDER
This writ petition is filed to quash the proceedings of the first respondent
in R.P.No.175/2016 D2 dated 19.08.2016 as illegal.
2. The case of the petitioner is that the petitioner was holding office as
Hereditary Trustee in A/m.Chendrayaperumal Temple situated at
Swaminayakanpatti Village, Omalur Taluk, Salem District along with two
others and had obtained the statutory declaration in O.A.No.114 of 1972 dated
13.09.1973. While so, the second respondent framed certain charges against
the petitioner and also placed him under suspension and the third respondent
has been appointed as a fit person. Hence, the petitioner filed a revision
petition challenging the appointment of fit person and Order of suspension of
the petitioner on the basis of the judgment of the Division Bench of this Court
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in 2016 [1] CTC 9. As per the judgment of the Division Bench of this court,
the person next in line of succession along is entitled to be appointed as fit
person and not an Executive Officer or Inspector of the Department and the
said view of the Division Bench will also apply to Kattalai Trustees and other
trustees of a religious institution. Hence, the impugned Order is exfacie illegal,
error apparent on the face of the record and is liable to be quashed.
3. Heard the learned counsel appearing for the petitioner and the learned
counsel for the respondents and perused entire materials available on record.
4. A perusal of records it is seen that the petitioner was charged for
mismanagement of the trust properties. It is further seen that the Order of
suspension has been stayed by an Order of this Court dated 08.09.2016 and he
is successfully continuing as a Hereditary Trustee. The learned counsel for the
petitioner also submitted it is suffice that the inquiry initiated against the
petitioner may be directed to be concluded within the time frame fixed by this
Court.
5. In the facts and circumstances of this case, the first respondent is
directed to conclude the enqury initiated against the petitioner under section 53
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[3] of the Act 22 of 1959 within a period of 12 weeks from the date of receipt
of a copy of this Order.
6. Accordingly, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
24.10.2024
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Index:Yes/No
Internet:Yes/No
Neutral Citation:Yes/No
To
1.The Commissioner,
H.R.& C.E. [Admin] Department,
Nungambakkam High Road,
Chennai – 600 034.
2. The Joint Commissioner,
H.R. & C.E. [Admin] Department,
Salem.
3. The Executive Officer/Fit Person,
A/m.Prasanna Venkatramanasamy Temple,
Karuvalli, Chinna Thirupati,
Omalur, Salem District.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.
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24.10.2024
https://www.mhc.tn.gov.in/judis
