DEVI ELLAMMAN PARIPALANA SANGAM Vs. ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD

JUDGEMENT

(1.) THE petitioner has approached this Court challenging the order of appointment of a Fit person issued under Section 49(1) of the Hindu Religious And Charitable Endowments Act, 1959.

(2.) THE case of the petitioner is that the petitioner Sangam is registered Sangam under the Societies Registration Act in the year 2004 in the name of "Sri Devi Ellamman Paripalana Sangam". THE said Sangam has been administrating the affairs of Sri Devi Ellamman Thirukoil, Vannanthurai, Adyar, Chennai exclusively by vannan community (Dhobit Community) with the aid of their community members also and the said temple is an ancient one and the construction was made 100 years ago. It is further case of the petitioner-Sangam that it is formed to regulate the administrative affairs of Sri Devi Ellamman Thirukoil.

(3.) MR.R.Shanmugam, the learned Senior Counsel appearing for the petitioner submitted that the Sangam is administrating the affairs of the Temple by appointing Trustees. The third respondent was removed on certain allegations and a new person has been appointed. The removal of the third respondent was already intimated to the first respondent Department through a letter dated 05.12.2009. When the third respondent was removed by the petitioner-Sangam, the first respondent, based on the complaint of removed Trustee, without serving notice and conducting enquiry under Section 49(1) of the Hindu Religious And Charitable Endowments Act, passed the impugned order.