HRCE Dept told to fill up office of non-hereditary trustees

Madras High Court today directed the Hindu Religious and Charitable Endowments department to proceed with the process of filling up the office of non-hereditary trustees to city based Sri Santhana Srinivas Perumal Public Charitable Trust within six weeks.
Justice R Sudhakar, who passed interim orders on two petitions by the Trust and by its Trustee V Venkateswaran, in his order, also issued notice to Government Advocate (HRCE) L Mahendran and S D Ramalingam, counsel for Executive Officer of Arulmighu Pidari Mangaliamman Temple at Anna Nagar area here.
The petitioners said the HRCE Commissioner in an April 3, 2011 order, framed a scheme under which the duty of recommending trustees to Sri Santhana Srinivasa Perumal temple was entrusted to the Petitioners' trust.

The trust alleged that while the order itself entrusted the duty of recommending trustees to it, the HRCE Assistant Commissioner passed an order appointing a Fit Person to the temple administration without giving any opportunity to the trust, which was violative of principles of natural justice.
The Assistant Commissioner who passed the order on Nov 25 2013, passed an order of appointing the Fit Person only five months later on May 2, 2014 and it was not communicated to the trust till that date, the petitioners said.
The trust also said when there was no maladministration or misfeasance by it in administration of the temple or the trust, there was no need for appointment of Fit Person.

Hence the trust filed the petition,praying for a direction from the court to stay the operation of the Nov 25 order.
It also sought a direction from the court to pass an order of interim injunction, restraining the Executive Officer, Arulmigu Pidari Mangaliamman Temple, the Fit Person, from interfering with the administration of the temple by the petitioners' trust.