LAWS(MAD)-2015-3-635

C. VEERASAMY AND ORS. Vs. THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT AND ORS.

Decided On March 12, 2015
C. Veerasamy And Ors. Appellant
V/S
The Joint Commissioner, Hindu Religious And Charitable Endowment Department And Ors. Respondents

JUDGEMENT

(1.) In both the writ petitions, the respective petitioners are aggrieved against the order of the first respondent, dated 26.05.2015, appointing the respondents 3 to 5 as non -hereditary trustees of the temple called Arulmigu Kuttiyandavar and Mariamman Temple, Vembarampatti, Thirumayam Taluk, Pudukkottai District and consequently, they seek for a direction to the first respondent to appoint the petitioners as non -hereditary trustees of the said temple.

(2.) Heard Mr. B. Saravanan, learned counsel appearing for the petitioner and Mr. S. Kumar, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr. G.R. Swaminathan, learned counsel appearing for the respondents 4 and 6 and perused the materials placed before this Court.

(3.) The crux of the grievance of the writ petitioners is that as per the scheme made in O.A. No. 13/2012/A4/dated 15.05.2015, they are also entitled to be considered for appointment to the post of non -hereditary trustees of the above said temple, as they also belong to a particular community referred to in the scheme, from which, such appointment should be made as per the said scheme. Therefore, it is contended that the present appointment made by the first respondent without inviting applications from the eligible persons belonging to that particular community, is in violation of the said scheme, apart from the fact that the impugned order has also not followed the earlier order passed by this Court in W.P.(MD) No. 1845 of 2015 dated 13.02.2015 filed by one V. Ravichandran, who is the 6th respondent herein, wherein this Court has directed the appointment of non -hereditary trustees as per the final scheme, after issuing notice to the interested parties.