Madras High Court
P.Ekambaramgurukkal vs / on 6 March, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.8144 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:06.03.2025
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.8144 of 2025
And
W.M.P.Nos.9123 and 9125 of 2025
P.EkambaramGurukkal
(S/o late PunniyakotiGurukkal)
Hereditary Trustee of ArulmiguPunniyakoteshwarar Temple
No.46/16B, North Mada Street,
Kancheepuram Nagar,
KancheepuramTaluk and District. .. Petitioner
/versus/
1.The Commissioner of Tamil Nadu Hindu Religious and
Charitable Endowment Department (HR & CE)
119, Uthamar Gandhi Road,
Nungambakkam, Chennai 600 034.
2.The Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment
Department (HR & CE),
HR & CE Department, District Collectorate Campus,
Kancheepuram 631 501.
1/12
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W.P.No.8144 of 2025
3.The Assistant Commissioner,
Tamil nadu Hindu Religious and Charitable Endowment
Department (HR & CE),
HR & CE Department, District Collectorate Campus,
Kancheepuram 631 501.
4.The Executive Officer (Fit Person),
ArulmiguVazhagaruthiswarar and ParasathiwararThirukovil,
Gandhipuram Road, Kancheepuram. .. Respondents
Writ Petition has been filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorari to call for the records pertaining
to the impugned order of the 3rd respondent in proceedings No.Se.Mu.Na.
Ka.No.4629/2010/A3/ dated 21.01.2025 appointing the 4th respondent as Fit
Person and the consequential communication of the 4th respondent dated
04.03.2024 seeking possession of the temple and quash the same as illegal.
For Petitioner :Mr.V.Srikanth
For Respondents :Mr.N.R.R. Arun Natarajan,
Spl.Government Pleader (HR and CE)
----
ORDER
The writ petition is filed challenging the order dated 21.01.2025 by
which, a Fit Person was appointed to ArulmiguPunniyakoteshwarar Temple
at Kancheepuram and consequential order dated 04.03.2025 directing the
petitioner to handover the charge of the temple to the Fit Person.
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2. The grievance of the petitioner is that the said temple was managed
by the petitioner’s father as a hereditary trustee. The petitioner’s father
passed away on 14.12.2024. The petitioner, his sister and mother are the
surviving legal heirs. Among the surviving legal heirs, there is no dispute
that the petitioner can succeed as the hereditary trustee. Before the
petitioner could come out of the bereavement and make a formal application
to recognise himself as the hereditary trustee under Section 54(1) of the
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the
order was passed appointing a Fit Person and immediately, the petitioner’s
mother submitted an objection to the same. However, by the second
impugned order dated 21.01.2025, the possession is now being sought for
and therefore, the petitioner is before this Court.
3. Mr.V.Srikanth, learned counsel appearing on behalf of the
petitioner would also rely upon the judgment of this Court in PremAnand v.
The Commissioner, Hindu Religious and Charitable Endowments, Madras
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and another reported in [1990-1-LW 144] to contend that the respondent
authorities only recognise the hereditary trustee and the recognition order
could not amount to appointment as hereditary trustee. Once a hereditary
trustee passes away, the legal heirs succeed to the said office and that is
automatic. Therefore, when the petitioner can be validly appointed as the
hereditary trustee and it was only a small time gap within which the
petitioner did not make an application, the appointment of a fit person was
uncalled for.
4. Per contra, the learned Special Government Pleader drawing the
attention of this Court to Section 54 of the Act would submit that the said
provision read with Explanation, it can be seen that if for any reasons, the
succession could not be decided or the new hereditary trustee could not be
appointed, certainly, the respondents authorities are entitled to appoint the
fit person. The fit person is so appointed on 21.01.2025 itself and when he
is seeking for the charge, the petitioner had sent an objection claiming that
the temple is a private temple. Therefore, when today is the last date to hand
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over the charge, let the petitioner hand over the charge and as and when the
application is made to recognise the petitioner as the hereditary trustee, the
same will be expeditiously done and when the petitioner is appointed as a
hereditary trustee and the fit person will be relieved from the management.
5. The learned Special Government Pleader would also submit that in
any event as against the order appointing fit person, the petitioner also got
appeal remedy under Section 54(4) of the Act.
6. I considered the submissions made by the counsels on either side
and perused the material records in this case.
7. In this case, the important factor is with reference to the date of
death of hereditary trustee and time log. The hereditary trustee who was
functioning with reference to the said temple died on 14.12.2024 only. The
fit person was appointed on 21.01.2025 in the very next month itself. The
petitioner claims that he is entitled to succeed the office. Even before giving
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him breathing time to file an application to recognise himself, the fit person
is appointed. As on date, it is not brought to the notice of this Court that
there is any circumstances exist in which the succession of the office of the
hereditary trustee could not be decided.
8. Section 54 of the Hindu Religious and Charitable Endowments Act
is extracted hereunder for ready reference:
“54. Filing up of vacancies in the office of
hereditary trustee.
(1) When a permanent vacancy occurs in the office
of the hereditary trustee of a religious institution, the
next in the line of succession shall be entitled to
succeed to the office.
(2) When a temporary vacancy occurs in such an
office by reason of the suspension of the hereditary
trustee under sub-section (2) of section 53, the next in
the line of succession shall be entitled to succeed and
perform the functions of the trustee until his disability
ceases.
(3) When a permanent or temporary vacancy occurs
in such an office and there is a dispute respecting the
right of succession to the office, or when such vacancy
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cannot be filled up immediately, or when a hereditary
trustee is a minor and has no guardian fit and willing to
act as such or there is a dispute respecting the person
who is entitled to act as guardian, or when a hereditary
trustee is by reason of unsoundness of mind or other
mental or physical defect or infirmity unfit for
performing the functions of the trustee, [the Joint
Commissioner or the Deputy Commissioner, as the
case may be,] [Substituted for the expression 'the
Deputy Commissioner' by section 9 of the Tamil Nadu
Hindu Religious and Charitable Endowments
(Amendment) Act, 1995 (Tamil Nadu Act 38 of
1995).] may appoint a fit person to perform the
functions of the trustee of the institution until the
disability of the hereditary trustee ceases or another
hereditary trustee succeeds to the office or for such
shorter term as [the Joint Commissioner or the Deputy
Commissioner, as the case may be,] [Substituted for
'the Deputy Commissioner' by Tamil Nadu Act 38 of
1995.] may direct.
(4) Any person aggrieved by an order of [the Joint
Commissioner or the Deputy Commissioner, as the
case may be] [Substituted for the expression 'the
Deputy Commissioner' by section 9 of the Tamil Nadu
Hindu Religious and Charitable Endowments
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(Amendment) Act, 1995 (Tamil Nadu Act 38 of
1995).], under sub-section (3) may, within one month
from the date of the receipt of the order by him, appeal
against the order to the Commissioner.
(5) Nothing in this section shall be deemed to affect
anything contained in the [Tamil Nadu] [Substituted
for the word 'Madras' by the Tamil Nadu Adaptation of
Laws Order, 1969, as amended by the Tamil Nadu
Adaptation of Law s (Second Amendment) Order,
1969.] Court of Wards Act, 1902 ([Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu
Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Law s (Second Amendment)
Order, 1969.] Act I of 1902).”
9. Therefore, if only the vacancy cannot be filled up immediately, or
there is any difficulty with the hereditary trustee being a minor or illness or
if there is any other contest etc., the fit person could have been appointed. It
is the claim of the petitioner that there exists no dispute in the matter. Both
the petitioner’s mother and the petitioner’s sister are not claiming the office.
It is undertaken by the learned counsel for the petitioner that the due
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application will be made along with the consent affidavits of the said two
persons. Upon the query by this Court, the learned counsel unequivocally
submit that the claim made in the representation that the temple is a private
temple is incorrect and it is inadvertently made. The temple is a public
temple.
10. In view of the undertaking made, even though there is a scope
for filing an appeal before the Commissioner, since the matter touches upon
the jurisdiction of the authorities, the writ petition is entertained by this
Court and since the limited nature of the relief, thatis granted, the order is
passed. The Writ petition is disposed of on the following terms:-
(1)Within one week from today without waiting for
the certified copy of the order, the petitioner along with the
consent affidavits of his sister and mother shall make an
application in due form under Section 54 of the Act to the
second respondent/Joint Commissioner to recognise
himself as the hereditary trustee.
(2)The same shall be considered in accordance with
the law and orders be passed within four weeks thereafter.
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The status quo as on today shall be maintained till such
disposal of the application. If there is any difficulty arises
in appointing the hereditary trustee, then the impugned
order appointing the fit person will come into force.
No costs. Consequently, connected Miscellaneous Petitions are closed.
06.03.2025
Neutral citation:no
ari
To:
1.The Commissioner of Tamil Nadu Hindu Religious and
Charitable Endowment Department (HR & CE)
119, Uthamar Gandhi Road,
Nungambakkam, Chennai 600 034.
2.The Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment
Department (HR & CE),
HR & CE Department, District Collectorate Campus,
Kancheepuram 631 501.
3.The Assistant Commissioner,
Tamil nadu Hindu Religious and Charitable Endowment
Department (HR & CE),
HR & CE Department, District Collectorate Campus,
Kancheepuram 631 501.
4.The Executive Officer (Fit Person),
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ArulmiguVazhagaruthiswarar and ParasathiwararThirukovil,
Gandhipuram Road, Kancheepuram.
D.BHARATHA CHAKRAVARTHY,J.
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ari
and
W.M.P.Nos.9123 and 9125 of 2025
06.03.2025
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