K. JAYASEELAN Vs. COMMISSIONER, HINDU RELIGIOUS

JUDGEMENT

(1.) IN this Writ Petition, the petitioner is one K.Jayaselan S/o A.Krishnankonar. The petitioner seeks to challenge the order passed by the third respondent, the Assistant Commissioner, Hindu Religious and Charitable Endowment Department in short, HR & CE Department dated 27.03.2012. After setting aside the same, seeks for a direction to the respondent not to interfere with the peaceful administration of the Yadhava Trust, which is formed to conduct the Temple Poojas in Arulmigu Navaneethakrishnan and Chakkarathalvar Thirukkoil, Tallakulam, Madurai City.

(2.) WHEN the Writ Petition came up on 10.04.2012, this Court while ordering notice for admission, granted an interim stay of the impugned order. It also held that there was no necessity to grant any interim injunction separately and that application was closed. Subsequent to the admission, the Fit Person was appointed by the respondent, HR & CE Department filed an impleading application in M.P.(MD) No. 4 of 2012 and that was ordered by this Court on 08.06.2012. One M.Selvakumar, S/oMathusuthanan also filed an impleading application to implead himself as a respondent and that was also ordered by this Court on 26.04.2012. The said Selvakumar who was impleaded as the fourth respondent has filed an application to vacate the interim order in M.P.No.5 of 2012. On notice from this Court, the third respondent has filed an counter affidavit dated 08.06.2012 and the fifth respondent/Thakkar has filed a counter affidavit dated 25.06.2012.

(3.) THE case of the petitioner was that his father and other members belonging to Yadhava Community founded and established the Temple in the year 1965. The Temple is situated in Government Poramboke land. One Mathusuthanam the father of the fourth respondent transferred the "B" Memo of the 5 1/2 cents temple land in his own name with an intention to grab the temple. Therefore, the petitioner's father lodged a complaint and thereafter,the "B" Memos were issued in his name. The members of the Yadhava Community are worshiping in the said temple and Yadhava Sabhai has been registered under Tamil Nadu Societies Registration Act and it was decided to form a Trust. On 30.11.2011 they formed a Trust wherein the petitioner was appointed as the Managing Trustee.