Writ Petition (MD) No. 12579 of 2010 and M.P.(MD) No. 1 of 2010. Case: Sundara Desikachariar Vs The Assistant Commissioner/Fit Person, Hindu Religious Charitable and Endowments Department and Ors.. High Court of Madras (India)

Case NumberWrit Petition (MD) No. 12579 of 2010 and M.P.(MD) No. 1 of 2010
CounselFor Appellant: R. Subramanian and N.C. Ashok Kumar, Advs. and For Respondents: S. Kumar, Additional Government Pleader
JudgesR. Subramanian, J.
IssueConstitution of India - Articles 14, 16(5), 226, 32; Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Sections 21, 63, 63(e), 70
Judgement DateFriday March 17, 2017
CourtHigh Court of Madras (India)

Order:

R. Subramanian, J.

1. The prayer in this writ petition reads as follows:

"Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records leading to the impugned order of the 1st respondent herein in Na.Ka. 6736 of 2009/M1 dated 03/03/2010 and quash the same".

2. The question that is being raised in this writ petition is whether the second respondent incurred disqualification because of his overseas travel. This writ petition has got chequered history. The temple namely, Arulmigu Sarangapani Thirukoil, Kumbakonam is governed by a scheme decree and the same has been modified in I.A. No. 53 of 1955 in O.S. No. 27 of 1920 on 30.06.1956 by the Sub Court, Kumbakonam. The second respondent, who was performing service of Archaga/Battachariar in the said temple, undertook overseas in the year 1991 and there was an objection to the same claiming that priest of a Vaishnava shrine incurs disqualification if he undertakes overseas travel. There were several rounds of litigation with no final conclusion in right. The position of law on this question has been espoused by the Hon'ble Supreme Curt in the recent judgment in WRIT PETITION (CIVIL) No. 354 of 2006 (in ADI SAIVA SIVACHARIYARGAL Vs. THE GOVERNMENT OF TAMILNADU & ANR).

3. The order challenged in this writ petition is passed by the Assistant Commissioner H.R. & C.E. Department, who is also the fit person of the said temple. Pursuant to the direction of this court in W.P. No. 890 of 2005 an enquiry was undertaken by the Assistant Commissioner. The Assistant Commissioner, after ascertaining the views of various religious scholars, has finally concluded that...

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