LAWS(MAD)-2010-7-73

R SUKUMAR Vs. STATE OF TAMIL NADU

Decided On July 27, 2010
R.SATHYAMURTHY Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Even though, the interim petitions are listed before me, by consent, this writ petition is taken up for final hearing.

(2.) The writ petition has been filed challenging the order passed by the first respondent who has confirmed the order of the 2nd respondent in appointing an Executive Officer at Thirusoolanathasamy Temple, Thirusoolam, Chennai. The writ petitioners claim to be the trustees represented by the Community in O.A.No.41 of 1979 by the Deputy Commissioner, H.R.&C.E. Chennai 600 034. In pursuant to the said scheme, the petitioners are managing the temple.

(3.) It is the case of the petitioners that the temple is not only a community temple but also a denomination temple. In pursuant to the complaints made proceedings have been initiated under Section 45(1) of the Hindu Religious and Charitable Endowments Act (hereinafter referred as 'Act') by the 2nd respondent seeking to appoint an Executive Officer. After hearing the objections an Executive Officer was appointed and challenging the same, a revision was filed under Section 114 of the Act before the 1st respondent. The 1st respondent has dismissed the revision filed by the petitioners and hence the present writ petition has been filed.