PUNITHAVALLI Vs. THE SECRETARY TO GOVERNMENT, TOURISM, CULTURE AND ENDOWMENT DEPARTMENT AND ORS.
LAWS(MAD)-2018-6-1176
HIGH COURT OF MADRAS
Decided on June 19,2018

PUNITHAVALLI Appellant
VERSUS
The Secretary To Government, Tourism, Culture And Endowment Department And Ors. Respondents

JUDGEMENT

T.RAJA,J. - (1.) The petitioner claims to be one of the persons of the seven branches referred in the modified Scheme passed in O.A.No.144 of 1968 dated 05.03.1973, from the original scheme which was settled in the year 1933. Hence, the petitioner claims right of vote and to be elected as a trustee in the famous Arulmigu Angalamman Thirukoil.
(2.) The learned counsel appearing for the petitioner submitted that the Commissioner, Hindu Religious and Charitable Endowments Department, the 2nd respondent herein has initiated the process of preparing voters list and a notification dated 10.01.2018 has also been issued and list of eligible adult male members has been called for, which is against the Scheme, wherein it was mentioned only as adult members. As the petitioner is an adult belonging to one of the seven branches, she is entitled to vote and contest in the ensuing election.
(3.) Referring to Section 47 (1) (c) of the Tamil Nadu Religious and Charitable Endowments Act, 1959, it is pleaded that every Board of Trustees constituted under clause (a) or clause (b) shall consist 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] provided that [the Government, the Commissioner, or the Joint Commissioner or the Deputy Commissioner] as the case may be, may, pending the constitution of such Board of Trustees, under this sub-section, appoint a fit person to perform the functions of the Board of Trustees. Therefore, when there is no bar for the women to be appointed as Trustees, they cannot be kept out of the Temple administration.;


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