IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2008
CORAM:
THE HON'BLE MR.JUSTICE P.JYOTHIMANI
W.P.NO. 19793 OF 1999
Shembayee Ammal ...Petitioner
Vs.
1.The Assistant Comissioner,
HR &CE Admn. Department,
485, 1st Street,
K.K.Nagar,
Madurai 625 020.
2. The Executive Officer,
A/m. Koodal Azhagar Temple,
Sami Sannithi Street,
Madurai 625 001. ..Respondents
Petition filed under Section 226 of the Constitution of India praying for the issue of Writ of Certirari to call for the records of the first respondent, the Assistant Commissioner, HR & CE., Madurai, relating to his order dated 26.11.1999 in his proceedings ROC.682/98/A3 appointing he 2nd respondent Executive officer of A/m/ Koodal Azhagar Temple, Madurai as a fit person for A/m Kattupillaiar Temple at Narimedu, Madurai and quash the same.
For Petitioner:Mr.R.Subrmanian
for Mr.K.Jayaraman
For Respondent No.1:Mr.T,Chandrasekaran
Special Government Pleader
For Respondent No.2: Mr.M.C.Swamy
O R D E R
Heard Mr.R.Subramanian learned counsel appearing for the petitioner, Mr.T.Chandrasekaran, learned Special Government Pleader (Hr &CE) for first respondent and Mr.M.C.Swamy, learned counsel appearing for the fit person who has been appointed.
2. The case of the petitioner is that Arulmigu Kallupillaiyar Koil at Narimedu in Madurai Town was established by Periya Karuppan Servai who is the father-in-law of the petitioner, as early as in the year 1944 and improvements have been made. After his death, the petitioner’s husband became the trustee and he has also made improvements. The petitioner’s husband also died on 15.6.1991 leaving behind the petitioner as his wife, five sons and two daughters as his legal heirs. According to the petitioner, the temple belongs to Agamudiar community and the petitioner’s husband along with four others of the said community have filed a petition under Section 64(1) of the Hindu Religious and Charitable Endowments Act in O.A.No.11 of 1987 before the Deputy Commissioner, HR & CE , Madurai and the same was dismissed and there was a further appeal in A.P.No.800/1987 before the Commissioner, HR & CE, Madras and the same was dismissed as not pressed. Thereafter, the petitioner on advice, has filed an application under Section 63(b) of the HR & CE Act in O.A.No.11 of 1993 before the Deputy Commissioner(Now Joint Commissioner), HR & CE, Madurai for declaration that the petitioner and his sons are hereditary trustees of the said temple. In the meantime, the Assistant Commissioner, HR &CE, Madurai the first respondent herein has passed the impugned order by appointing the second respondent herein as a fit person to the said temple. The appointment of second respondent as a fit person is challenged in this writ petition on the ground that the petition filed under Section 63(b) of the HR & CE Act for declaration that the petitioner and her sons are hereditary trustees and hence the order of the first respondent appointing the 2nd respondent as a fit person to the said temple is not valid in law.
3. Learned counsel appearing for the petitioner would fairly submit that subsequent to the filing of the writ petition, the said petition under Section 63(b) of HR & CE Act was dismissed on 18.7.2005. It was as against the order of dismissal, the petitioner has filed an appeal in A.P.No.7 of 2006 before the Commissioner, HR & CE, Madras and the same is pending.
4. In view of the above stated facts that the petitioner has not been declared as hereditary trustee, the order of the first respondent appointing the second respondent as fit person to the temple, cannot be set aside at this stage. In any event, only after the disposal of the appeal which is pending before the Commissioner, HR & CE Department, Madras, any further action will be taken. In view of the same, the petitioner is not entitled to any relief as claimed in this writ petition.
5. The writ petition is disposed of with a direction to the Commissioner, HR & CE Department,Madras to take up the appeal in A.P.No.7 of 2006 filed against the order in O.A.No11 of 1993 dated 18.7.2005 passed by the Deputy Commissioner (Now Joint Commissioner) , HR & CE Department, Madurai and pass orders in accordance with law, as expeditiously as possible, in any event within a period of six months from the date of receipt of a copy of this order. No costs.
24.01.2008
Office to Note: Issue on 25.1.2008
Index:Yes/No
Internet:Yes/No
VJY
To
1.The Assistant Comissioner,
HR &CE Admn. Department,
485, 1st Street,
K.K.Nagar,
Madurai 625 020.
2. The Executive Officer,
A/m. Koodal Azhagar Temple,
Sami Sannithi Street,
Madurai 625 001.
PJYOTHIMANI,J
(VJY)
W.P.NO.19793 OF 1`999
24.01.2008