SOZHIA MARUTHUVA MANDAGAPADI KATTALAI TRUST Vs. THE JOINT COMMISSIONER HR & CE DEPARTMENT, MADURAI AND ORS.

JUDGEMENT

(1.) THE writ petition has been filed praying this Court for issuance of a Writ of Certiorari to call for the records relating to the impugned order bearing Se.Mu.Na.Ka. No. 1479/2010/Aa1 dated 22.08.2015 passed by the 1st respondent, whereby, the first respondent has appointed a fit person to the Arulmigu Sozhia Maruthuva Mandagapadi Kattalai Trust and to quash the same.

(2.) THE case of the petitioner is that Arulmigu Sozhia Maruthuva Mandagapadi Kattalai Trust is situated at Meenachi Naicker Patti Village, Dindigul District. The trust and its members had filed O.A. No. 5 of 1987 and 25 of 1989 for the purpose of framing a scheme on the file of the Deputy Commissioner, HR & CE. A scheme has also been framed by an order dated 26.11.1993. As per the scheme, the trust and its properties shall be administered by the Board of Trustees consisting of members not exceeding 5 persons chosen by and among the descendants of 13 families of Sozhia Maruthuva Community and appointed by the Assistant Commissioner, HR & CE, Madurai or appropriate authority, subject to the provisions of the new amended Act 46/1991 for a period of 3 years. Such trustees shall elect one among themselves as Chairman of the Board of Trustees as per the provisions of the new Act. As per the scheme, the trustees are administering the trust in accordance with the Tamil Nadu Hindu Religious and Charitable Endowments Act. Even prior to the framing of the scheme, the trust was being managed by the members of Arulmigu Sozhia Maruthuvar Mandagapadi Trust. During the course of management, the members of the trust have purchased the lands having an extent of 1 acre and 21 cents by a registered sale deed dated 13.09.1945. As per the said sale deed, the property has been purchased out of the funds of the trust in the name of the Trust itself. On and from the date of purchase, the property is under the control and management of the trust. Similarly, the property comprised in Block No. 3A, 43/1, 2 bearing door Nos. 106 and 107 were purchased by the trust out of its funds 80 years back. Moreover for proper administration and management, a trust deed was created on 05.09.1958 by regulating the mode of management and the same has also been amended by a deed dated 16.08.2010. The trust is being managed and administered as per the scheme order dated 26.11.1993 in consonance with the above trust deeds.

(3.) ON appearance, the first respondent, has filed a counter affidavit stating that the Sozhia Maruthuva Mandagapadi Kattalai situated at Meenakchinaickenpatti, Dindigul Taluk, Dindigul District is a Hindu public Religious Institution under the administrative and supervisory control of the Tamil Nadu Hindu Religious and Charitable Endowments Administrative Department. As per the provisions available under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act, XXII of 1959), a confirmed scheme has been framed for administering the above institution by the then Deputy Commissioner of Madurai in his O.A.25/1989 C1 dated 26.11.1983. As per the scheme, the following three persons including the writ petitioner were appointed as non -hereditary trustee by the 1st respondent in his Se.Mu.Na.Ka.1479/2010 Aa1 dated 09.03.2010, namely, i)Thiru.A.Sornavel, S/o. M.Arumugam ii) Thiru.M.Peria Pandian S/o. Mookkan iii)Thiru P.Alagar S/o. Ponniah.