Justice S Sounthar allowed the petitioner to appeal before the Commissioner of the HR&CE against the order issued to possess the Samarasa Sutha Sanmarka Sathya trust from the control of the petitioner.

Madras High Court (File) CHENNAI: The Madras High Court has ordered a petitioner to get relief from the Hindu Religious & Charitable Endowment (HR&CE) to a representation seeking to restrain the HR&CE from interfering with the affairs of the Samarasa Sutha Sanmarka Sathya trust, Villupuram. Justice S Sounthar allowed the petitioner to appeal before the Commissioner of the HR&CE against the order issued to possess the Samarasa Sutha Sanmarka Sathya trust from the control of the petitioner. The petitioner J Annamalai from Villupuram moved the Madras High Court (MHC) to restrain the HR&CE from taking possession of the Samarasa Sutha Sanmarka Sathya trust. According to the petitioner, he is the managing trustee of the trust, however, in 2019 the HR&CE appointed the Executive Officer (EO) of the Arulmigu Lakshmi Narasimha Swamy Thirukoil, Parikkal as the fit person of the trust. Later, his representation challenging this order, before the commissioner and joint commissioner of the HR&CE was also dismissed, read the petition. Subsequently, the petitioner filed an application to the joint commissioner to declare that the trust is not a Hindu religious institution as defined under Section 6 (18) of the HR&CE Act 1959 nor a temple defined under Section 6 (20). However, the HR&CE dismissed the application. Against this dismissal, he can represent an appeal to the HR&CE under section 69, and 60 days time limit has been stipulated for filing the appeal, said the petitioner. The petitioner contended that the assistant commissioner of HR&CE is taking coercive steps to forcibly possess the trust which is a violation of the principles of natural justice. The counsel for the HR&CE argued that the petitioner is using the trust for his personal gain, and the steps are taken to possess the trust