K. JEGADESAN Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) This Writ Appeal has been preferred by the appellant, being aggrieved against the order passed by the learned Single Judge, who while conceding to the request made in disposing of the application filed under Section 64(1) of the Hindu Religious and Charitable Endowments Act, 1959, in O.A.No.4 of 2021, on the file of respondent No.1, did not grant the relief as sought for in the Writ Petition.

(2.) Learned counsel for the appellant submitted that the impugned order under challenge before the learned Single Judge itself shows that the appellant was in the helm of affair. There is nothing to show that the temple has been brought under the purview of the Hindu Religious and Charitable Endowments Department. The review application filed against the order appointing the Fit Person is pending and till the disposal of the said review, the appellant may be permitted to continue to look after the affairs of the Temple.

(3.) The appellant has filed an application under Section 64(1) of the Hindu Religious and Charitable Endowments Act, 1959, in O.A.No.4 of 2021, on the file of respondent No.1, seeking to frame a scheme. The appellant has also filed revision, challenging the appointment of a Fit Person. As on today, the appellant can neither claim to be a hereditary nor the temple is a denomination temple. In the impugned order of respondent No.2 itself, it has been stated that the temple has been brought under the purview of the Act by the proceedings of the Commissioner, HR & CE Department, dated 02.11.2020. In such view of the matter, we are not inclined to interfere with the order of the learned Single Judge.