S. Subramani v. Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem
2021-02-02
ANITA SUMANTH
body2021
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari calling for the entire records pertaining to the Order dated 2.03.2020 of the 2nd Respondent made in Se.Mu.Na.Ka.No.982/2020/A2 in appointing Fit Person and quash the same and consequently quash the notice of the 3rd Respondent dated 21.03.2020 to handover charge of the temple.) 1. The petitioners have prayed for a writ of Certiorari calling for and quashing order dated 20.03.2020 passed by the Assistant Commissioner, HR&CE Department (R2) appointing a fit person and have also sought a quash of notice dated 21.03.2020 issued by R3 to handover charge of the temple to him. 2. Parties are in consensus that the appointment of non-hereditary trustees to the Arulmigu Varatha Raj Perumal Temple, Sangakari Taluk, Salem, (Temple) should be made as expeditiously as possible. 3. The procedure for election has been set out in the scheme framed in O.A.No.16 of 2001 on 28.08.2007. Though there is a variation between the procedure as per scheme and the gazette, all learned counsel agree that the procedure set out in gazette dated 09.02.2008 would prevail. Clause-4 of the Gazette reads as follows: “TAMIL” 4. As per clause-4, the Assistant Commissioner will call for applications for the post of non-hereditary trustee in both english and vernacular newspapers and out of the list of applicants, select a minimum of three (3) and maximum of five (5) persons to act as non-hereditary trustees. 5. Let the advertisement be published within a period of two weeks from today. The process of the selection of candidates shall be done within a period of six (6) weeks thereafter. Till such time the Board of Trustees is constituted, the interim arrangement put in place by order of this Court dated 13.07.2020 i.e. joint management of the petitioner and fit person shall continue. 6. With the aforesaid direction, this writ petition is closed. Connected miscellaneous petitions are closed. No costs.