S R RAMANUJAM Vs. COMMISSIONER AND ORS

JUDGEMENT

(1.) This writ petition has been filed challenging the proceedings of the first Respondent, dated 05.02.2010, reversing the order of the second Respondent, dated 19.11.2009.

(2.) It has been stated that the Petitioner is one of the hereditary trustees of Arulmighu Pothu Avudaiyar @ Madhyapureeswarar Temple, Parakkalakottai Village, Pattukkottai Taluk, Thanjavur District. The third Respondent is also the hereditary trustee of the said temple. With regard to the appointment of the Chairman of the Board of Trustees, the second Respondent, by his proceedings dated 19.11.2009, had stated that the Petitioner in the present writ petition would be the Chairman of the Board of Trustees of the temple, from 01.01.2010 till 01.01.2011. Thereafter, the third Respondent shall be the Chairman of the Board of Trustees of the said Temple, for a period of one year, by rotation. However, the said order had been reversed by the order of the first Respondent, in the revision petition, in R.P. No. 74 of 2009, preferred by the third Respondent. Challenging the said order of the first Respondent, dated 05.02.2010, the Petitioner has preferred the present writ petition before this Court under Article 226 of the Constitution of India.

(3.) At this stage of the hearing of the writ petition, the learned Counsel appearing on behalf of the third Respondent had pointed out that the Chairman of the Board of Trustees could be appointed, as per the provisions of Section 48 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Since, there are only two hereditary trustees, in respect of the temple in question, Clause 2 of the proviso to Section 48 would be applicable in the appointment of a Chairman of the Board of the Trustees. In view of the said provision, the first Respondent had passed the order, dated 05.02.2010, in the revision petition, in R.P. No. 74 of 2009, reversing the order of the second Respondent, dated 19.11.2009.