N KUMARASWAMY GURAKKAL Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS NURIGAMBAKKAM MADRAS 34

JUDGEMENT

(1.) PETITIONER is a Priest at Arulmighu Kapaleeswarar Thirukoil. He has challenged the order of the Commissioner, H.R. and C.E. calling upon the petitioner to attend for an enquiry in reference retirement of all the temple servants on attaining - 60 years of age.

(2.) THE main contention of the petitioner is that the enquiry and the notice for such an enquiry, is without jurisdiction. His case is that he is a hereditary Priest and therefore he is entitled to continue without reference to age.

(3.) THE Commissioner, in his counter affidavit, has categorically stated that the rights of hereditary succession of the office of archaga has been abolished by Tamil Nadu Act 2 of 1971 which came into force on 8.1.1971. Hence, the petitioner must be deemed to have been appointed as an archaga of the temple only from 7.8.1972. Having been born on 11.5.1936, as per Rule 5 of the Rules set out above, petitioner shall have to be retired on completing 60 years of age, i.e. on 11.5.1996. From the above facts and the position of law, it is clear that the contention that the Commissioner, H.R. and C.E. has no jurisdiction to hold an enquiry and that the petitioner is a hereditary archaga and can continue beyond the period cannot be sustained. In these circumstances, petitioner has to appear for an enquiry and establish his right.