P K S T RADHAKRISHNAN Vs. DEPUTY COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPT TIRUNELVELI KATTABOMMAN DISTRICT

JUDGEMENT

(1.) THIS writ petition has been filed for the issue of Writ of Certiorari to quash the order of the first respondent in his proceedings Na.Ka. No. 434/95-1/A3, dated 13.1.1995. The petitioner is a hereditary trustee of Sri Suyambulingaswami Tirukoil situate at Overy Village, Radhapuram taluk, Tirunelveli Kattabomman District. A criminal case has been registered against the petitioner in Crime No. 4 of 1995 for offences under Sections 324, 435 and 3071. P.C. on the file of Overy Police Station and he was arrested on 5.1.1995. It is seen from the order in Criminal M.P. No. 93 of 1995 dated 11.1.1995 passed by the Sessions Judge, Tirunelveli Division that the petitioner was released on bail on 11.1.1995. It is the case of the petitioner that after he was released on bail, he is functioning as the hereditary trustee of the temple in question and on 12.1.1995 he celebrated the festival in the temple. By the impugned order dated 13.1.1995 passed by the first respondent under section 4(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the Act), one Mr. C. Danapal, Executive Officer of Arulmighu Mutharamman Tirukoil, Kulasekarapattinam, Tiruchendur Circle has been appointed as a fit person of the temple in question. The first respondent passed the abovesaid order under Section 54(3) of the Act on the ground that the petitioner was in Palayamkottai Central Jail from 5.1.1995 in connection with the Crime No. 4 of 1995, there is a vacancy in the office of the hereditary trustees and therefore to carry out the day to day affairs of the temple in question the second respondent has to be appointed as the fit person for the Arulmighu Sri Suyambulingeswami Thirukoil. Section 54(3) of the Act reads as follows: