S R M RAMAMOORTHY POOSARI Vs. SECRETARY TO GOVERNMENT, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT AND ORS

JUDGEMENT

(1.) The writ petition is filed seeking a direction to the respondents to the Secretary to the Government, Hindu Religious and Charitable Endowments Department, Chennai, to consider the representation of the petitioner dated 23.03.2005 and conduct enquiry as per law.

(2.) The learned Counsel for the petitioner would contend that the fifth respondent has been appointed by the third respondent by his proceedings in Pa.Mu. No. 7824/2001/A1 dated 17.01.2002 completely ignoring the criminal case as against the fifth petitioner and the observation he had made with reference thereto in the earlier proceedings passed by him in Na.Ka. No. 4659/2000/1/A1 dated 11.01.2002. The Petitioner would contend that the fifth respondent who had reportedly misappropriated the funds of the institution even before he was appointed as hereditary trustee has sought for removal from the hereditary trusteeship. He is now occupying the position on the strength of the order of appointment passed by the third respondent, he submits further.

(3.) The learned Senior Counsel appearing for the petitioner would submit that the Government is the appropriate authority to remove the fifth respondent from the hereditary trusteeship under Section 53 of the Hindu Religious and Charitable Endowments Act, 1959 (Hereinafter referred to "the Act"). Therefore the Government should be directed to conduct the enquiry on the basis of the representation submitted by the petitioner and remove him forthwith from the trusteeship invoking Section 53 of the Act.