P HARIKRISHNAN Vs. ASSISTANT COMMISSIONER AND ORS

JUDGEMENT

(1.) The appellants in W.A.(MD).Nos.614 & 710 of 2008 seeks review of the common judgment, dated 27.03.2012, rendered by a Division Bench of this Court.

(2.) In Kanyakumari District, in Agastheeswaram Taluk, in Esanthangu, in Neendakarai Village, there is "Arulmigu Eswari Badhrakaliamman Temple". There were continued fights by a group, claiming hereditary trusteeship to administer the affairs of the said Amman temple. It was mainly by one Ponnumuthu Nadar. He fought a long drawn legal battle before the Hindu Religious and Charitable Endowment Authorities, and in various Courts. It was opposed to by a rival group and also by the Hindu Religious and Charitable Endowment Department (hereinafter referred to as "HR & CE Department). After Ponnumuthu Nadar, his son Harikrishnan and Periyannacha Perumal Nadar, the Review Applicants have continued the fight and are continuing it.

(3.) Mr.T.R.Rajagopal, learned Senior Counsel for Mr.S.S.Sundar, learned counsel for the Review Applicants / Appellants would contend that as early as in 1975, in the compromise decree passed in O.S.No.37 of 1971 by the learned Subordinate Judge, Nagercoil, the hereditary trusteeship of the appellant's father viz., Ponnumuthu Nadar has been recognized. It was acted upon. After him, his son Harikrishnan / Review Applicant became the Managing Trustee and as such administered the temple affairs since 2006. As per section 6(11) of the Hindu Religious and Charitable Endowment Act, 1959, he has become the "hereditary trustee" of this religious institution and he cannot be deprived of his office without any notice, however, without notice, the Assistant Commissioner, HR & CE Department, Nagercoil, on 18.01.2006 appointed an official as "Fit Person" of the said temple. This is against law, when especially, as per the compromise decree in O.S.No.37 of 1971, Ponnumuthu Nadar acquired trusteeship, his son applicant-Harikrishnan shall not be deprived of his office.