E. PADMANABHAN M.C. KARTHIKEYAN Vs. THE JOINT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMN.) DEPARTMENT AND ANR.

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of certiorarified mandamus to call for the connected records of the 1st respondent relating to his proceedings in R.O.C. NO. 9573/97/A1 and quash the same insofar as it relates to the appointment of 2nd respondent as fit person and direct the 1st respondent to nominate the petitioner as a fit person of Arulmigu Umayakaliamman Temple at Mangalapatti Village, Kankayam Taluk.

(2.) The facts are not in controversy. Heard Mr. T.K. Rammohan, learned Senior Counsel for the petitioner, Mrs. T. Kokilavani, learned Government Advocate for the 1st Respondent and Mr. W.C. Thiruvengadam, learned Counsel for the 2nd respondent.

(3.) The petitioner's father was declared as hereditary trustee of Arulmigu Umayakaliamman Temple at Mangalapatti under Sec. 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act in O.A. No. 63 of 1971 by order dated 4.12.1971 by the 1st respondent. Subsequently, certain charges have been framed against the petitioner's father M. Chinnasamy Gounder by the Joint Commissioner H.R. & C.E., Coimbatore on 26.6.1997 and the said Chinnasamy was placed under suspension. The 2nd respondent Executive Officer was appointed as the fit person pending enquiry into the charges. The petitioner herein, being the son of the said Chinnasamy, the hereditary office holder, claims that even in the temporary vacancy caused by the suspension of his father, Chinnasamy Gounder, he should have been appointed as being the person, next in the line of succession to perform the functions of the Trustee during the period of suspension. The petitioner further claims that during the period of disability of his father, he is entitled to perform the functions and duties of hereditary Trustee on his own right, as the next line of successor.