EXECUTIVE OFFICER Vs. P. SEETHALAKSHMI

JUDGEMENT

(1.) These two revision petitions are filed by the defendant in the suit namely, the Executive Officer, Arulmigu Pandimuneeswarar Thirukovil, Melamadai, Madurai.

(2.) The facts leading to the present revisions are as under:- Arulmigu Pandimuneeswarar Thirukovil, Melamadai at Madurai is a public temple as declared by the decree in A.S.No.1 of 1925 on the file of the 1st Additional Sub Court, Madurai. The temple has been administered by the members of a particular family as trustees cum poojaries. The right of trusteeship has been succeeded hereditarily. The temple has been notified by the Government under Sec. 46(iii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as ''the Act''). As early as 1939, the Commissioner of HR & CE has issued directions to the then trustees to maintain proper accounts and submit the same periodically for scrutiny of the Board and has also recognised the hereditary trusteeship of the members belonging to the family of one Valliammal. In due course, after some litigation between the members of the trustees' family, it has been agreed by them that the hereditary trustees shall perform poojas on weekly turn basis. Accordingly, compromise decree has also been passed in O.S.No.383/1973 on the file of the Principal District Munsif, Madurai Town.

(3.) On 21.03.2015, a show cause notice was issued to the hereditary trustees why action should not be taken against them for the alleged irregularities and defects in the administration of the temple. At that point of time, there were 8 hereditary trustees. This was challenged by one of the hereditary trustees by name, Saravana Pandian by way of writ petition and the same was allowed pointing out the procedural lapse in the show cause notice. Thereafter, a fresh show cause notice under Sec. 53 of the Act, framing 12 charges was issued on 02.03.2016 and consequently, the hereditary trustees were placed under suspension pending enquiry and a fit person was appointed to administer the affairs of the temple. This was challenged by some of the suspended trustees.