Case Note & Summary
The case involved a writ appeal before the High Court of Judicature at Madras challenging an order of a single judge dismissing a writ petition. The appellant, Arulmigu Siva-Vishnu Bakthargal Seva Sabha, a society of devotees of Arulmigu Sakthi Vinayagar Thirukoil, sought to quash the appointment of a Fit Person under the provisions of the Hindu Religious and Charitable Endowments Act, 1959. The primary contention of the appellant was that the temple is a denominational temple and therefore exempt from the regulatory provisions of the Act. At the time of the writ petition, the temple was under the control of the Hindu Religious and Charitable Endowments Department and a Fit Person had been appointed by the competent authority. The appellant had also filed a civil suit, O.S.No.6734 of 2023, before the XII Assistant City Civil Court, Chennai, seeking a declaration that the temple is denominational. The suit remained pending. The single judge had declined to entertain the writ petition, and on appeal, the division bench examined whether the writ petition was maintainable in light of the pending suit. The court reasoned that the issue of denominational status, which underlay the challenge to the Fit Person's appointment, was precisely the subject matter of the pending civil suit. Given that the competent civil court was seized of the matter and would decide all related disputes on merits and in accordance with law, the court held that the writ petition under Article 226 of the Constitution of India need not be entertained. The bench found no infirmity in the single judge's order. Accordingly, the writ appeal was dismissed, and the connected miscellaneous petition was also dismissed, with no order as to costs. Thus, the court upheld the principle that when a declaratory suit is pending before a civil court, a parallel writ proceeding is not maintainable.
Headnote
A) Writ Jurisdiction - Maintainability of Writ when Civil Suit Pending - Article 226, Constitution of India, 1950 - The appellant challenged the appointment of a Fit Person under the Hindu Religious and Charitable Endowments Act, 1959 on the ground that the temple is denominational and exempt from the Act. A civil suit (O.S.No.6734 of 2023) for declaration of the denominational status was pending before the XII Assistant City Civil Court, Chennai. The High Court held that while such a declaratory suit is pending, the writ petition need not be entertained and no interference with the single judge's order was warranted. Held that all disputes regarding the claim of the appellant are to be adjudicated by the competent civil court in the pending suit on merits. (Paras 1-5)
Issue of Consideration
Whether a writ petition challenging the appointment of a Fit Person under the Hindu Religious and Charitable Endowments Act, 1959 is maintainable when a civil suit for declaration of denominational status of the temple is pending before a competent civil court?
Final Decision
The writ appeal is dismissed. The Court found no infirmity in the single judge's order. No costs.
Law Points
- Legal points not extracted
- writ petition under Article 226 not maintainable when declaratory civil suit on same subject matter pending
