SEKAR REPORTER

Court News from Madras High Court

that there shall be a direction to the Commissioner of H.R.&.C.E Department to appoint an enquiry officer as indicated above to have a thorough R.SURESH KUMAR,J.

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W.P. No. 27798 of 2019 and W.P. No. 18605 of 2017 and W.M.P. No. 20146 of 2017 R.SURESH KUMAR,J.

In W.P. No. 27798 of 2019, the prayer sought for is to issue a Writ of Mandamus to consider the representation of the petitioner dated 14.08.2019 and to take appropriate action for performing Kumbabishegam and for providing basic amenities as well as securing and safeguarding the properties belonging to the eighth respondent Temple.

  1. This Writ Petition was filed by one A.Radhakrishnan, who appeared party-in-person, who claims that, since the Temple is located in the main road, i.e., four lane road, lot of vehicles moving through the said road will stop there for taking a Dharsan, thereby, every day or every hour, there will be a number of devotees in the Temple, by thus, the

Temple is getting huge hundiyal collection and other revenue.

  1. In this regard, though thirteen persons claimed to be the Hereditary Trustees appointed in this regard, very often, there has been chaos and confusion among them, because of huge revenue that this Temple is getting from large number of devotees.
  2. However, correspondingly, there has been no enough facilities provided or available in the Temple for those devotees who visit the Temple with their vehicles.
  3. That apart, his other complaint is that, lot of immovable properties belong to the Temple has been swindled or meddled with by the third parties with the concurrence or connivance of the so called Hereditary Trustees.
  4. In order to rectify all these misdoings, the petitioner has given a representation on 14.08.2019 to the H.R.&.C.E Department and since the same has not been considered and no corrective measure has been taken, he has filed this Writ Petition.
  5. In the second Writ Petition, i.e., in W.P. No. 18605 of 2017, theprayer sought for is a Writ of Mandamus, directing the fourth respondent to conduct the election for the post of Chairman of the Board of Hereditary Trustees in respect of the petitioner’s Temple.
  6. The second Writ Petition, i.e., W.P. No. 18605 of 2017 was filed by one Mr.C.R.Thirupathi Gounder, who claims to be the Chairman selected or elected among the Hereditary Trustees, without proper election, to manage the Temple.
  7. After having some preliminary hearing of these two Writ Petitions, this Court directed on 18.11.2021 to the respondents H.R.&.C.E Department to file status report in both the cases.
  8. Accordingly, a status report has been filed by the Executive

Officer, though he is not a party in the writ petition in W.P. No. 18605 of

2017, where the following has been stated:

@,iz MizaUf;F jpUg;gjp ft[zl;h; vd;gth; 22/10/2021?y; kD bfhLj;Js;shh;/ mjd;go ,iz Mizah; mth;fs; cjtp MizaUf;F njh;jy;

elj;jntz;Lk; vdW; 26/11/2021?y; e/f/vz;/3511-2021,?1?d; go cj;jutplg;glL;s;sJ/ nkYk; mw’;fhtyu; FG njh;jy; elj;JtJ Fwpj;J tUfpdw; 22/12/2021?k; njjpapy; rpwgg;[ Tll;j;ij elj;j cjtp Mizah; Kot[ bra;J mwptpgg;pid jfty; gyifapy; xll;g;glL;s;sJ/ 1/ rp/Mh;/jpUg;gjp. 2/ rp/khhpag;gd;. 3/ vy;/jpUg;gjp. 4/ gp/khhpag;gd;. 5/ gp/khlL;f;fhu Kdpag;gd;. 6/ tp/khJ. 7/ tp/eLKdpag;gd;. 8/ rp/Mh;/yl;Rkzd.;

9/ rp/Mh;/fpUc&;zd;. 10/ $p/khhpag;gd;. 11/ $p/knfe;jpud;. 12/ gp/rPdp vdw; rPdpthrd;. 13/ gp/fpUc&;zK:h;j;jp Mfpnahh;fSf;F njh;jy; rpwg;g[ Tll;j;jpw;fhd mwptpg;g[ rhh;t[ bra;ag;glL;s;sJ/  vdnt nkw;go njh;jYf;fhd rpwgg;[ Tll;k; eilbgwt[s;sJ vd bjuptpj;Jf;bfhs;fpnwd;/ jpU/ rp/Mh;/jpUg;gjp ft[z;lh; vd;gth; nkwg;o ePjpg;nguhiz kD vz;/W.P.18605-2017 jhf;fy; bra;Js;shh;/ Mdhy; rp/Mh;/jpUg;gjp ft[z;lh; vd;gth; gukg;iu mw’;fhtyh; FGtpypUe;J e/f/vz;/13385-2018. v?4. njjp 03/12/2019?y; ,iz Mizah;. nryk; mth;fshy; ePf;fg;glL;s;shh;/ nkYk; mw’;fhtyh; FGtpypUe;J ePf;fpa cj;jutpd; nghpy; khz;gk[pF brdi;d cah;ePjpkd;wj;jpy; ePjpg;nguhiz kD vz;/13-2020 jhf;fy; bra;J mjpy; ,iz Mizah;. nryk;. mth;fs; gpwg;gpj;j cj;jutpd; nghpy; Mizahsh;. ,e;J rka mwepiyaj; Jiw. brdi;d. mth;fsplk; nkyK;iwaPL bra;a ntz;Lk; vd khz;g[kpF brdi;d cah;ePjpkd;wk; nkw;go ePjpg;nguhiz kDit js;Sgo bra;jJ/  nkYk; ,iz Mizah; cj;jutpid vjph;j;J brdi; d ,e;J rka mwepiyaj;Jiw Mizah; Kd;g[f nk/K/k/vz;/19-2021 jhf;fy; bra;J tprhuizapy; ,Ue;J tUfpwJ/@

  1. Like that, in respect of the other Writ Petition, i.e., in W.P.No.27798 of 2019, the Executive Officer of the Temple (R9) has filed the status report, where inter alia the following has been stated:

@nfhapYf;F ghj;jpag;gll; bgupaKj;J}h; fpuhk rh;nt vz;/442-1A6. 441-1A. 443-1K Mfpa epy’;fs; gr;rKj;J Fkhuh; gl[ld vdw;; bt’;fl;uhkd; vd;gtuhy; Mtz vz;/251-1999?d; go jh;kuh$d; kfd; utp vdg;tUf;F tpw;gid bra;ag;glL;s;sJ/

nkw;go jpU/utpf;F brhe;jkhd epyj;jpid fpUc&;zfpup khtll;k; mtjhdg;glo; mUs;kpF khupak;kd; jpUf;nfhapYf;fhf j[pUf;nfhapy; bghJ epjpapypUe;J U:/20.000-? buf;fkhf bfhLj;J guk;giu mw’;fhtyh; jpU/Kdpag;g ft[z;lu; vdg;tu; ,iz rhu;gjpthsu; Mtz vz; 679-2001d; go 17/05/2001y; mtjhdg;glo; mUs;kpF khupak;kd; jpUf;nfhapy; bgaupy; gjpt[ bra;ag;glL;s;sJ/ mjid bjhlu;e;J nkw;go jpUf;nfhapYf;F brhe;jkhd epy’;fis gl[ld vdw;; bt’;fl;ukd; kwW; k;. mtuJ kidtp bt’;flk;khs;. tPuk;khs; vdg;tUf;F nkw;go epyj;jpid Mtz vz;/3017-2007?d;go tpw;gid bra;Js;shh;fs/; nkw;go bray; mYtyu; nkw;go Mtz vz;/3017-2007 id uj;J bra;J cj;jutpLkhW fpUc&;zfpup khtll; gjpthsUf;F 02/12/2021 y; kD bra;ag;glL; tprhuiz epYitahf ,Ue;J tUfpwJ/

2/ jpUf;nfhapYf;F gf;jh;fs; gadg;Lj;Jk; tifapy; bkhli;laof;Fk; bfhll;if. Fspayiw. fHpg;giw trjpfs; cs;sd/

3/ jpUf;nfhapy; Fk;ghgpnc&fk; eilbgWtJ Fwpj;J ,eJ; rka mwepiyaj;JiwaplkpUe;J ve;jtpj mDkjpa[k; bgwhky; jpUg;gjp ft[zl;u; kwW; k; mtiu rhu;e;jtu;fshy; 29/04/2021?k; njjpapy; Kdm;Dkjpnah my;yJ mwptpg;ngh

,y;yhky; Fk;ghgpnc&fk; 30/04/2021? y; eilbgww;J/

Mifahy; nkw;go ePjpgn; guhiz kDtpy; nfhhpa[s;s tptu’;fs; bjhlh;ghd mwpf;ifia bjhptpj;Jf;bfhs;fpnwd;/ khz;gk[pF cah;ePjpkd;wj;jpw;F nkw;go mwpf;ifapy; cs;s tptuj;jpid bjhptpj;J ePjpg;nguhiz kD vz;/ W.P.27798-2019?I js;Sgo bra;a ntz;LkhW gzpe;J nflL;f;bfhs;sg;gLfpwJ/@

  1. Relying upon these two reports, Mr.S.Yashwanth, learned

Additional Government Pleader appearing for the H.R.&.C.E.,

Department including the Executive Officer would submit that, the Executive Officer already been appointed as a fit person till the Chairman of the Board is elected as per the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

  1. He would also submit that, a meeting is proposed to be conducted on 22.12.2021 where, the Hereditary Trustees were directed to appear to decide with regard to the election to be conducted for electing the Chairman among them. He would also submit that, insofar as the plea raised by the petitioner in W.P. No. 27798 of 2019 is concerned, there are facilities available like tonsuring sheds, bathrooms and toilets for the devotees who visit the Temple. That apart, the Maha Kumbabishegam was performed on 30.04.2021 of course without the knowledge of the fit person / Executive Officer. So far as the immovable properties belongs to the Temple is concerned, some of the properties have been meddled with or sold by some third parties by registering some documents sometime in 2017, which has now been unearthed and in this regard, a communication has been sent on 02.12.2021 to the concerned Registrar to cancel the said registration and orders in this regard from the Registration Department is awaited. Therefore, relying upon these reports, the learned Additional Government Pleader would submit that, considering these aspects, suitable further orders can be passed by disposing these two Writ Petitions.
  2. Having considered the said reports filed in these two Writ Petitions, this Court feels that, certain shocking factors are revealed. First of all, there are immovable properties belongs to the Temple, which have been meddled with or exploited by the third parties, where two sale deeds have been executed by third parties to some other third parties in the year 2001 and 2007, thereby, the Temple properties has been swindled or swallowed. However, for nearly about twenty years in one case and thirteen years in another case, no action has been taken by the H.R&C.E., Department or even the Hereditary Trustees to retrieve those lands belongs to the Temple.
  3. Only after filing this Writ Petition, i.e., W.P. No. 27798 of 2019 by the petitioner, who appeared party-in-person and after this Court has directed the H.R.&.C.E. Department to file a status report, only on 02.12.2021, a communication has been received by the Executive Officer from the Registration Department that, the copy of the two documents, under which, the Temple property has been sold to the third parties were sent and in this regard, such a request in fact had been made by the Executive Officer of the Temple only on 02.12.2021, before which, there has been no attempt made on behalf of the H.R&C.E., Department, especially the Executive Officer, who is acting as a fit person also, to retrieve the land of the Temple exploited.
  4. Insofar as the conducting of election for electing the Chairmanof the Hereditary Trustees Committee is concerned, it is the report of the Executive Officer that, the very petitioner namely C.R.Thirupathi Gounder who filed Writ Petition in W.P. No. 18605 of 2017 has been removed from the Hereditary Trusteeship by the orders of the H.R.&.C.E., Department dated 03.12.2019, as against which, though he unsuccessfully filed the Writ Petition, subsequently, he preferred an appeal before the Commissioner of H.R&C.E., Department and the said appeal is still pending.
  5. After having gone through these reports, this Court feels that, first of all, the Executive Officer who is the fit person appointed for the management of the Temple has expressed his inability that, without her concurrence or knowledge, the petitioner Tirupathi Gounder performed or conducted the Kumbabishegam in the Temple on 30.04.2021, which is a very shocking revelation, as without the concurrence of the Executive Officer / fit person of the Temple, how the Maha Kumbabishegam was performed in the Temple, is not known.
  6. Be that as it may, atleast through two documents, the immovable properties of the Temple concerned have been sold by third parties to some third parties and this has not been retrieved so far and only now, the Executive Officer says that, action is initiated to cancel the said registration with the Registration Department.
  7. Moreover, the petitioner who moved W.P. No. 18605 of 2017 is no more a Hereditary Trustee, as he has been removed on 03.12.2019, however, now a meeting is proposed to be fixed on 22.12.2021 about the election to be conducted for electing the Chairman.
  8. These aspects would coherently and conjointly disclose that, all are not well in the administration of the Temple.
  9. In this regard, this Court feels that, at this juncture, if election is conducted to elect a Chairman among the Hereditary Trustees, there would be a chaos, as that would no way help the healthy administration of the Temple, at least for the present.
  10. Moreover, whether the two transactions under which theimmovable properties have been meddled with are the only transaction or any other transaction by any other mode some more immovable

properties belongs to the Temple has been exploited by any third parties or Hereditary Trustees or on the behest of the Hereditary Trustees, also has to be unearthed.

  1. In this regard, a thorough and detailed roving enquiry have to

be conducted by the H.R.&.C.E Department, for which, the Commissioner of H.R.&.C.E. Department can nominate a responsible officer to conduct an enquiry and file a report before this Court in respect of all these misdeeds and unlawful activities pertaining to the Temple and its properties.

  1. In that view of the matter, this Court is inclined to pass the following interim orders:

“that there shall be a direction to the Commissioner of H.R.&.C.E Department to appoint an enquiry officer as indicated above to have a thorough

R.SURESH KUMAR,J.

vji / rap

and roving enquiry about the misdeeds some of which indicated herein touching the properties and administration of the temple and in this regard the rendition of account for the revenue and expenditure to the temple concerned for the yesteryears also to be verified with the audit team and there also if any misappropriation is noticed, that could be included in the purview of the enquiry to be conducted in this regard and accordingly, after completing the enquiry, a comprehensive detailed report with documents and annexure shall be filed before this Court by the

H.R.&.C.E Department.”

  1. For the aforesaid compliance, six weeks time is granted. Post the matter on 20.01.2022.

09.12.2021 vji / rap

Note: Issue order copy by 14.12.2021.

W.P. No. 27798 of 2019 and W.P. No. 18605 of 2017 and W.M.P. No. 20146 of 2017

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