ARULMIGHU BALAGURUNATHASAMY SAMETHA ANGALA PARAMESWARI AMMAN THIRUKOIL Vs. ASSISTANT COMMISSIONER
LAWS(MAD)-2017-6-110
HIGH COURT OF MADRAS
Decided on June 23,2017

Arulmighu Balagurunathasamy Sametha Angala Parameswari Amman Thirukoil Appellant
VERSUS
ASSISTANT COMMISSIONER Respondents

JUDGEMENT

R.SUBRAMANIAN,J. - (1.) The challenge in this Writ Petition is to the Order of the First Respondent dated 25.3.2013 in and by which the First Respondent had appointed a Fit Person for Arulmigu Balagurunathasamy Sametha Angala Parameswari Amman Thirukoil, Senthamangudi Village, Musiri Taluk, Trichy District.
(2.) The Order impugned reveals that a Fit Person is appointed for proper management sans any Complaint of the Temple. It is also stated that renovation works are carried on at a cost of Rs. 3 Crores without permission of the Hindu Religious and Charitable Endowments Department. The above said Order is challenged in the Writ Petition primarily on the ground that the Petitioner-Temple has been held to be a Temple belonging to a Religious Denomination of people belonging to the Dharichier Gothram of 24 Manai Telegu Chetty Community. It is also claimed that a declaration to that effect has been granted in O.S. No.78 of 1976 by the competent Civil Court namely, II Additional Sub-Court, Tiruchirappalli.
(3.) Originally, the Writ Petition came to be dismissed by this Court by an Order dated 6.6.2014 and the said dismissal was confirmed in W.A.(MD) No.750 of 2014 on 12.12.2015. As against the Order of the Division Bench in W.A.(MD) No.750 of 2014, the Temple preferred S.L.P in Civil No. 16933 of 2015 before the Hon'ble Supreme Court of India. The Hon'ble Supreme Court by its Order dated 20.1.2017 set aside the Order of the Division Bench and remanded the Writ Petition to this Court to be heard and disposed of afresh. The relevant portion of the order of the Hon'ble Supreme Court runs as follows: "We set aside the impugned Order and restore the Writ Petition which shall be decided by the High Court. It is made clear that this Court has not expressed any opinion on the merits of the contentions raised in the Writ Petition. It would be open to the Respondents to contest the said Writ Petition on all grounds that are available to them.";


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