HR&CE cannot appoint temple EO without notice to trustees: HC

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Press Trust of India Madurai
Last Updated : Jul 17 2016 | 3:07 PM IST
: The Madras High court bench here has ruled that Hindu Religious and Charitable Endowments department cannot appoint the Executive Officer of a temple without issuing notice to its hereditary trustees, even though they might have been suspended for irregularities.
Allowing a writ petition by a hereditary trustee of Pandimuneeswarar temple, Justice M Venugopal said it was necessary to follow the principles of natural justice. Though the trustees maybe facing charges which are serious in nature the same cannot override the need to follow the principles of natural justice, he said.
"Even in cases of mismanagement and maladministration by trustees, appointment should be made by issuing show cause notice and getting explanation," the judge said.
He gave the HR&CE Commissioner the liberty to pass an order after serving notice to the trustees and and receiving their remarks or objections
The trustees were also at liberty to raise all the factual and legal objections and place them before the commissioner, the court said.
The Pandimuneeswarar temple had 10 hereditary trustees. While one of them, Pandian Poosari died in 2013, another was dismissed and 8 others suspended recently by HR&CE department and a fit person was appointed.
Since then hundi collections had increased and an EO was appointed to regulate issues in the temple, following which one trustee moved the court.
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First Published: Jul 17 2016 | 3:07 PM IST

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