Angalamman Koil vs The Asst. Commissioner, Hindu Religious and Charitable Endowments Department and The Fit Person/Executive Officer

Elipe Dharma Rao, J.—Though the matter has been listed for considering the Miscellaneous Petitions, with the consent of the counsel

appearing for the parties, the main writ petition itself is taken up for final disposal.

The Petitioner temple through its Trustee has filed the present writ petition to quash the order passed by the first Respondent, dated

20.10.2009, appointing the second Respondent as Fit Person/Executive Officer for the temple.

It is the grievance of the Petitioner that he has been appointed as Trustee and he is taking care of the welfare of the temple and the order passed

appointing the second Respondent as Fit Person/Executive Officer is against the principles of natural justice and it is liable to be quashed.

Learned Government Advocate appearing for the Respondents submitted that the impugned order passed by the first Respondent, dated

20.10.2009, is appealable before the Commissioner of Hindu Religious and Charitable Endowment Board u/s 21 of the Tamil Nadu Hindu

Religious and Charitable Endowments Act, 1959 and the Petitioner without exhausting the alternative remedy available under the HR & CE Act,

has come forward with the present writ petition.

We have heard the learned Counsel appearing for the Petitioner and the learned Government Advocate for the Respondents and perused the

materials on record.

The Petitioner has challenged the order of the Assistant Commissioner appointing the second Respondent as the Executive Officer and it is not

in dispute that such order is appealable and the Commissioner is empowered to deal with such appeal. Admittedly, the Petitioner has not

exhausted the alternative remedy available u/s 21 of the HR & CE Act.

In such view of the matter, we do not see any reason to entertain the present writ petition, which is accordingly dismissed. No costs.

Consequently, the connected Miscellaneous Petitions are closed.