IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 1.9.2009 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.5759 of 2009 Jagadeesan Mudaliar .. Petitioner Vs. 1. The Assistant Commissioner H.R & C.E. Department Tiruvallur District. 2. The Inspector/Thakkar H.R. & C.E. Department Gummidipoondi Taluk Tiruvallur District. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issue of a writ of Certiorari to calling for the records of the 1st respondent relating to his procedings in proc/R.C.No.1180/2008/B, dated 13.2.2009 and quash the same. For Petitioner : Mr.R.Balasubramaniya Kumar For Respondents : Mr.T.Chandrasekaran Spl. Government Pleader ORDER This writ petition is directed against the order of the first respondent dated 13.2.2009, by which the first respondent by invoking the powers under Section 49(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (for brevity, "the Act") has appointed a Fit Person to manage Arulmigu Dharmaraja Drowpathi Amman Temple, Madharpakkam, Gummidipoondi Taluk, Tiruvallur District. 2. The case of the petitioner is that he has been the hereditary trustee of the above said temple collecting rent from various tenants of the temple. However, a reference to various rental agreements filed in the typeset of papers show that the petitioner has been calling himself as a Secretary of the Thiruppanikuzhu of the temple. https://hcservices.ecourts.gov.in/hcservices/ 3. Mr.T.Chandrasekaran, learned Special Government Pleader brought to the notice of this Court, as it is seen in the typeset of papers filed by the petitioner, that after challenging the impugned order of the first respondent dated 13.2.2009 only, the petitioner has made an application on 30.3.2009 to the Deputy Commissioner, H.R. & C.E., Vellore to declare him as hereditary trustee of the said temple under Section 63(b) of the Act. The learned Special Government Pleader also submitted that under Section 63(b) of the Act the competent authority to decide the application is the Joint Commissioner, H.R. & C.E. and not the Deputy Commissioner, H.R. & C.E.. 4. The very fact that the petitioner himself has filed such application only after the impugned order came to be passed shows that the petitioner cannot call himself as hereditary trustee of the said temple. In such circumstances, challenging the appointment of the Fit Person by the petitioner is not maintainable and the petitioner is not entitled to any relief. However, since the petitioner has made an application under Section 63(b) of the Act, the Joint Commissioner, H.R & C.E., Vellore, who is the competent authority, is directed to treat the application dated 30.3.2009 addressed to the Deputy Commissioner, H.R. & C.E., as an application filed under Section 63(b) of the Act and pass appropriate orders in accordance with law, after giving opportunity to all the parties, and such orders shall be passed expeditiously, in any event within twelve weeks from the date of receipt of a copy of this order. It is made clear that till a decision is taken by the Joint Commissioner, H.R. & C.E., the Fit Person appointed shall continue to administer the temple. This writ petition is disposed of accordingly. No costs. Consequently, M.P.Nos.1 and 2 of 2009 are closed. sasi Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar To: 1. The Assistant Commissioner H.R & C.E. Department Tiruvallur District. https://hcservices.ecourts.gov.in/hcservices/ 2. The Inspector/Thakkar H.R. & C.E. Department Gummidipoondi Taluk Tiruvallur District. 3. The Joint Commissioner H.R. & C.E. Department Vellore. + 1 cc to Government pleader SR.43761 + 1 cc to Mr.R. Balasubramaniya Kumar, Advocate Sr.43596. W.P.No.5759 of 2009 PUR (CO) EU 11.09.2009. https://hcservices.ecourts.gov.in/hcservices/