JALAKANDESWARER DHARMASTABANAM Vs. GOVERNMENT OF TAMI NADU

JUDGEMENT

(1.) THE writ petition is filed by the petitioner claiming to be the Honorary Secretary of Sri Jalakandeswarar Dharmastabanam, Vellore. In this writ petition, the petitioner challenges the order dated 24.09.2008 passed by the second respondent Commissioner, Hindu Religious and Charitable Endowments, Chennai directing Arulmihgu Jalakandeswarer Temple, Fort, Vellore to be included in the list of temples under Section 46(iii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Shortly "the Act") and for publishing it.

(2.) WHEN the writ petition came up for admission on 23.12.2008, notice of motion was ordered. Pending the writ petition, an interim stay was granted on 26.03.2009. Aggrieved by the same, the respondent State filed a vacate stay application in M.P.No.1 of 2009 together with supporting counter affidavit dated 16.07.2009 sworn to by the second respondent. However, this Court made the interim stay absolute and dismissed the vacate stay application by an order dated 27.08.2010 and admitted the writ petition on the same day.

(3.) IN effect, after the withdrawal of the suit, the Archaeological Survey of India permitted the petitioner Society to manage the temple on 24.10.1989. There are 50 employees in the service of the temple of whom, 20 are Archakars. The salaries of the Archakars and the other employees were paid by the petitioner Society. The Temple is not endowed with any immovable property and it does not have any fixed income. There is no complaint against the petitioner Society in maintaining the temple. The respondent HR&CE Department have not adopted any procedure prescribed by law in notifying the temple under the provisions of the Act. At no point of time, show cause notice was issued to the petitioner Society prior to the notification. It was informed that the Assistant Commissioner, HR&CE Department, vide his proceedings dated 22.05.2003 declared that Sri Jalakandeswarar Temple is a Hindu public temple, which has been brought under the control of the Department and it has to be managed in accordance with the provisions of the Act.