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2019 DIGILAW 317 (MAD)

M. Ayyappan v. Government of Tamil Nadu

2019-01-31

K.K.SASIDHARAN, P.D.AUDIKESAVALU

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ORDER : P.D. AUDIKESAVALU, J. 1. The Petitioner in this Public Interest Litigation has sought for a direction to the First to Fourth Respondents to appoint an I.A.S. officer for the administration, maintenance of the 490 Hindu Temples in Kanyakumari District (Incorporated and Unincorporated Devaswoms) and recover all the properties belonging to the Incorporated and Unincorporated Devaswoms from the encroachers and hand over it to the Board of Trustees constituted under Section 47(1)(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. In the Affidavit of the Petitioner filed in support of the Writ Petition, it is stated that the 490 Temples in Kanyakumari District have to be administered by a single Board of Trustees of the Incorporated and Unincorporated Devaswoms. According to the Petitioner, the Board of Trustees of the Incorporated and Unincorporated Devaswoms in Kanyakumari District had not properly administered the assets of the Temples, which has lead to encroachments of lands and theft of jewels. In such circumstances, the Writ Petition has been filed seeking the aforesaid relief. 2. In the additional Counter Affidavit dated 05.02.2017 filed by the Fifth Respondent, it is stated that the Board of Trustees of Incorporated and Unincorporated Devaswoms in Kanyakumari District has been superseded by the appointment of the Executive Officer and that necessary steps have been taken for removal of encroachments from the lands of the Temples and a criminal case is pending regarding the theft of the ornaments that had taken place in 1992. It is further stated that the Joint Commissioner is administering the Temples under the supervision of the H.R. & C.E. Department of the Government of Tamil Nadu. 3. We have heard Mr. Ananth C. Rajesh, Learned Counsel appearing for the Petitioner, Mr. A.K. Baskarapandian, Learned Special Government Pleader appearing on behalf of the First to Fourth Respondents, Mr. K. Sathiya Singh, Learned Standing Counsel appearing on behalf of the Fifth and Sixth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 4. We have heard Mr. Ananth C. Rajesh, Learned Counsel appearing for the Petitioner, Mr. A.K. Baskarapandian, Learned Special Government Pleader appearing on behalf of the First to Fourth Respondents, Mr. K. Sathiya Singh, Learned Standing Counsel appearing on behalf of the Fifth and Sixth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 4. On a perusal of the relevant statutory provisions, particularly Section 47(1)(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the Government of Tamil Nadu has to appoint a single Board of Trustees for the Incorporated and Unincorporated Devaswoms in Kanyakumari District consisting of not less than three and not more than five persons, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes and another one shall be a woman. The qualifications for appointment of Trustees have also been laid down in Section 25-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and Section 26 of that Act indicates the disqualifications for appointment of Trustees. 5. Having regard to the aforesaid statutory scheme, it is incumbent upon the Government of Tamil Nadu to constitute the Board of Trustees for the Incorporated and Unincorporated Devaswoms in Kanyakumari District, in accordance with law without brooking any delay. Hence, we direct the Government of Tamil Nadu to initiate the process of appointing the Board of Trustees for the Incorporated and Unincorporated Devaswoms in Kanyakumari District, in accordance with law and complete the same by 31.03.2019 after following the prescribed procedure. It shall be ensured that wide publication calling for applications for persons willing to be appointed as Trustees shall be given in the local newspapers having wide circulation in the area. In addition to press statement, notification may also be pasted in all Government Offices and Temples. 6. In respect of other reliefs sought by the Petitioner for appointing an I.A.S. Officer, we are of the view that it would not be possible to entertain such claims de hors the statutory provisions. Further, the Board of Trustees, after their constitution, is responsible to take expeditious steps for removing the encroachments from the land and protecting the properties of the Temples. Further, the Board of Trustees, after their constitution, is responsible to take expeditious steps for removing the encroachments from the land and protecting the properties of the Temples. Till the Board of Trustees is constituted, it is the responsibility of the Joint Commissioner appointed as fit person as per Section 47(1)(c) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to perform the functions of the Board of Trustees. It is needless to add here that if there is any shortcoming or dereliction of duty of the persons administering the properties of the Temple, it is open to any person interested to bring the same to the notice of the concerned authorities for remedial action or for appropriate reliefs in that regard. 7. The Writ Petition is disposed of with the aforesaid observations. No costs.