V.D. KOTHANDAPANI MUDALIAR Vs. THE AREA COMMITTEE, H.R. AND C.E. FOR MADRAS CITY AND CHINGLEPUT DISTRICT, BY ITS PRESIDENT, ASSISTANT COMMISSIONER, H.R. AND C.E. AND ORS.

JUDGEMENT

(1.) THE order impugned in this petition for the issue of a writ of certiorari is that of the Area Committee, Madras City and Chingleput District. The temple in question is the Elavapuriswarar temple situated at Vilangadupakkam village in Saidapet Taluk. The petitioner was hereditary trustee of this temple. It is stated that complaints were received about the maladministration of the temple and its affairs by the petitioner, and a notice was issued to him on 5th August, 1957, by which the petitioner was called on to show cause why non -hereditary trustees should not be appointed for the proper management of the temple. The petitioner showed cause and submitted his explanation. Thereafter the Area Committee passed on 26th August, 1957, a resolution appointing respondents 2 and 3 as the non -hereditary trustees of this institution. It is the validity of this resolution and this order of appointment of non -hereditary trustees that is challenged in this petition.

(2.) TO appreciate the contention urged on behalf of the petitioner, it is necessary to advert to the relevant statutory provision bearing upon the appointment of non -hereditary trustees by Area Committee. Section 41(1) of Madras Act (XIX of 1951) enacts, (to quote only the relevant portion):

(3.) IN this case it would be seen that a notice was issued to the petitioner as the hereditary trustee of this institution before action was taken for the appointment of the non -hereditary trustees and so the first condition was satisfied. The complaint, however, of the petitioner was that there was a failure on the part of the Area Committee to conform to the statute in respect of the other two matters : (1) that there was no inquiry held into the matters set out in his explanation to what amounted practically to charges of mismanagement against him, and (2) that the order actually passed making the appointments did not contain the record of any reasons, which was a statutory pre -requisite of a valid order.