V. Senthilnathan v. Commissioner, Hindu Religious and Charitable Endowments, (Administration) Department
2024-06-26
C.KUMARAPPAN, S.M.SUBRAMANIAM
body2024
DigiLaw.ai
JUDGMENT : S.M. Subramaniam, J. [PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.12.2019 made in W.P.No.41422 of 2016 on the file of this High Court of Judicature at Madras. PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.12.2019 made in W.P.No.43153 of 2016 on the file of this High Court of Judicature at Madras.] The writ appeal has been instituted against the common order dated 02.12.2019 passed in W.P.Nos.41422 and 43153 of 2016. 2. The Writ Court had set aside the orders passed by the Commissioner, Hindu Religious and Charitable Endowments (Administration) Department in the revision petition and the order passed by the Joint Commissioner, Hindu Religious and Charitable Endowment Department. 3. The dispute exist for appointment of hereditary trustee in the Temple. Such disputes adjudicated and decided by the Joint Commissioner and the Commissioner of Hindu Religious and Charitable Endowments Department are amenable to the Civil Suit to be instituted under Section 70 of the Hindu Religious and Charitable Endowments Act, 1951. 4. When the Act contemplates institution of civil suit before the Competent Civil Court of Law, the writ petition filed under Article 226 of the Constitution of India is not entertainable. Thus, the parties are at liberty to work out their remedy in the manner known to law. 5. Accordingly, the writ order dated 02.12.2019 passed in W.P.Nos.41422 and 43153 of 2016 is set aside and the Writ Appeals are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.