FIT PERSON Vs. KALIRAJAN

JUDGEMENT

(1.) Assailing the order, dtd. 21/7/2023 passed by the learned Single Judge in W.P(MD)No.6685 of 2023, this Writ Appeal has been filed by the appellant / third party.

(2.) The brief facts leading to the filing of the Writ Appeal are as follows:

(3.) The learned counsel appearing for the appellant/third party would submit that the appellant/third party has been working as a Fit person of the said Temple since 2012. The observations made in paragraph No.6 of the impugned order, dtd. 21/7/2023 are against the provisions contained under the Tamil Nadu Hindu Religious and Charitable Endowments Act. The Writ Court failed to consider the vital fact that already the Commissioner, HR and CE, Chennai passed an order in A.P.Nos.12 and 21 of 2020, dtd. 2/2/2023, whereby setting aside the order of framing the scheme decree as per order in O.A.No.3 of 2018. Further, as per the order of the Commissioner, HR and CE, Chennai, the matter has been remanded back to the Joint Commissioner, HR and CE, Madurai for fresh enquiry and orders and the said matter is pending. In such circumstances, the impugned order passed by the Writ Court is unsustainable and would create multiplicity of proceedings. The Writ Court also failed to appreciate the vital fact that as per Sec. 47(1)(a)(c) of the HR and CE Act, the Committee should consists of 5 members more fully including one member from Schedule Caste Community and one member from women category. But in the present impugned order, the said vital fact was not considered and a direction was given contrary to the above provisions and hence, the same is liable to be set aside.