A GOVINDARAJU THENNA THIRAYAR Vs. COMMISSIONER H R

JUDGEMENT

(1.) THIS Writ Petition is directed against the order dated 06. 02. 1998 in proceedings R. Dis. No. 120/98-2 L1 on the file of the first Respondent whereby the second Respondent was appointed as Common Executive Officer for the temple by name A/m. Karuppiah Swami @ Muthukaruppaiah Swami Temple at Karambakudi Village, Alangudi Taluk, Pudukottai District.

(2.) THE factual matrix as culled out from the affidavit filed in support of the Writ Petition are as under :-

(3.) THE first Respondent has filed counter affidavit in answer to the contentions raised in the Writ Petition. It was the contention of the first Respondent that originally one Thiru. K. Adaikalam was looking after the management of the temple as non-hereditary Trustee and after coming into force of the HR and CE Act, one Thiru. Mamundi, then Village Munsif of Karambakkudy was appointed as Fit Person under sub section (2) of Sec. 11 of the Act. Subsequently, notice calling for applications for appointment of non-hereditary Trustees of the temple was issued by the Assistant Commissioner, Pudukottai as per notification dated 21. 04. 1978 and Thiru. K. Adaikalam, father of the first petitioner had applied for the same and he was appointed as a single non-hereditary trustee as per proceeding dated 30. 01. 1982 for a period of three years. Later, the first petitioner and two others as well as the Inspector of HR and CE Department at Pudukottai were appointed as non-hereditary trustees of the temple and the said Trustees have not only failed to manage the institution and its properties but had also failed to produce any of the records for the income and expenditure of the temple. Therefore, it has become necessary in the interest of the temple to appoint an Executive Officer and accordingly, the second Respondent was appointed as Executive Officer of the temple as per proceedings dated 06. 02. 1998 and he took charge of the office on 28. 09. 2000.