STATE OF TAMIL NADU Vs. K.SHANMUGAVEL MUDALIYAR

JUDGEMENT

(1.) It is a classic case, where pedantic interpretation of law leading to undue delay without decision on merit.

(2.) K.Shanmugavel Mudaliyar, who was appointed as hereditary trustee by Hindu Religious and Charitable Endowment Department (in short "HR and CE ") of Arulmighu Agastheeswarar Temple and its Allied temples, was later found unfit by the HR and CE Department. So, he was removed from the said post. Aggrieved by the same, he has preferred a statutory appeal before the Joint Commissioner, HR and CE Department. However, he lost his appeal.

(3.) Meanwhile, he has thought fit that the temple, which was managed and administrated by the petitioner's forefathers, does not come within the purview of HR and CE Act. He has laid a suit in O.S.No.118 of 2009 against HR and CE Department arraying the Secretary to the Government, HR and CE Department as the first defendant, the Commissioner, HR and CE Department as the second defendant and the Joint Commissioner, HR and CE Department as the third defendant. In the said suit, he has prayed for declaration that the plaintiff's temple situated in the residential place Grama Natham S.No.210/2 as private land and not coming under the purview of the HR and CE Act and for permanent injunction restraining the third defendant and their subordinates from conducting any enquiry initiate by the third defendant against the plaintiff, till the character of institution is decided in the suit.