Madras High Court
K.Karuppaiah vs The Joint Commissioner on 6 January, 2025
W.P.(MD).No.137 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD).No.137 of 2025
and
W.M.P.(MD)No.147 of 2025
1. K.Karuppaiah
2. Manimegalai
3. Muthu Kumar
4. Kanagaraj
5. Babu ...Petitioners
Vs
1.The Joint Commissioner,
HR and CE Department,
No.60, Muthusamy Nagar,
Sivagangai - 630 561.
2.The Fit Person,
Arulmighu Koppudaiya Nayagi Amman Temple,
Karaikudi,
Sivagangai District.
3.The Executive Officer,
Arulmighu Koppudaiya Nayagi Amman Temple,
Karaikudi,
Sivagangai District. ... Respondents
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1/6
W.P.(MD).No.137 of 2025
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records of the impugned order passed by the first
respondent herein in his impugned proceedings in m.jp.K.vz;.
4971/2024/,1 dated 23.10.2024 and quash the same as illegal and
further directing the second respondent herein to number the petitioners
application filed under Section 64(5) of the Act 22 of 1959 for
modification of the scheme framed for Arulmighu Koppudaiya Nayagi
Amman Temple, Karaikudi vide Judgment in AS Nos.116 and 117 of
1956 dated 24.12.1959 in tune with the provisions of HR and CE Act,
1959 and then proceed to appoint the Board of Trustees as per the
modified scheme at the earliest possible time to be fixed by this Court.
For Petitioner : Mr.S.Vashik Ali
For R-1 : Mr.P.Subbaraj
Special Government Pleader
ORDER
Heard Mr.S.Vashik Ali, learned counsel for the petitioner and
Mr.P.Subbaraj, learned Special Government Pleader for the 1st
respondent.
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2. This Writ Petition has been filed challenging the order passed by
the first respondent dated 23.10.2024 and further directing the second
respondent herein to number the petitioners application filed under
Section 64(5) of the Act 22 of 1959 for modification of the scheme
framed for Arulmighu Koppudaiya Nayagi Amman Temple, Karaikudi
vide Judgment in AS Nos.116 and 117 of 1956 dated 24.12.1959 in tune
with the provisions of HR and CE Act, 1959 and then proceed to appoint
the Board of Trustees as per the modified scheme.
3. The order impugned herein is the order of rejection of the
application filed by the petitioners for modification of the scheme. The
first respondent had rejected the same on the ground that already a
scheme had been framed in respect of the said temple and therefore there
is no scope for any enquiry on the said application.
4. It is to be noted that Section 64 of HR and CE Act also enables
the first respondent herein to modify or alter the scheme. The said power
is also vested with the first respondent under Section 64(5)(a) of HR and
CE Act.
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5. The learned Special Government Pleader appearing for the first
respondent would submit that the temple is not in the management of the
second respondent fit person and it is being managed by 3 trustees
appointed in the month of August 2024.
6. Considering the fact that the first respondent has power to
modify the said scheme, the impugned order is set aside and the matter is
remitted back to the first respondent to consider the claim of the
petitioner as provided under Section 64(5) of the Act, within a period of
six months from the date of receipt of a copy of this order. It is made
clear that the first respondent shall also put on notice the trustees who
are in the management of the trust and also any other interested persons
in the said process.
7. In fine, the Writ Petition is allowed. There shall be no order as
to costs. Consequently, connected miscellaneous petition is closed.
06.01.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
https://www.mhc.tn.gov.in/judis
To:
1.The Joint Commissioner,
HR and CE Department,
No.60, Muthusamy Nagar,
Sivagangai - 630 561.
2.The Fit Person,
Arulmighu Koppudaiya Nayagi Amman Temple,
Karaikudi,
Sivagangai District.
3.The Executive Officer,
Arulmighu Koppudaiya Nayagi Amman Temple,
Karaikudi,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
K.KUMARESH BABU, J.
Nsr
06.01.2025
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