The Govt., Of Tamilnadu v. Arulmigu Vaithinathaswamy

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 17.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE P.T.ASHA W.A.No.1475 of 2013 and M.P. No.1 of 2013 1.The Government of Tamil Nadu, rep. by its Secretary, Tamil Development, Religious Endowment and Information Department, Fort St. George, Chennai.

2.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai.

3.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Pattamangala Street, Mayiladuthurai, ... Appellants versus 1.Arulmigu Vaithianathaswamy Devasthanam rep. by its Hereditary Trustee, Sri-la-sri Gurumaha Sannithanam of Dharmapuram Adheenam, Vaitheeswaran Koil, Sirkazhi Taluk, Nagapattinam District.

2.Sri Vaithianathaswamy Thirukkoil Archakarkal Welfare Association, rep. By its President, D.M.Vaithianatha Gurukkal, No.1, Sannidhi Street, Vaitheeswarankoil, Sirkazhi Taluk,

3.Sri Vaithianathaswamy Thirukkoil Employees' Welfare Association, rep. by its President, Rajagopal, No.1/A, South Madavilagam, Vaitheeswarankoil, Sirkazhi Taluk, ... Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent to allow the writ appeal setting aside the order dated 10.10.2012 made in W.P. No.13919 of 2012.

Prayer in W.P.No.13919 of 2012 : Petition filed under Article 26 of the Constitution of India praying to issue a writ of certiorari calling for the Records of the 1st Respondent relating to Government order in G.O.(Nilai) Ms.No.257, Tamil Development, Culture, Religious Endowments and Information Department, Government of Tamil Nadu dated 30.06.2010 and to quash the same.

For Appellants :

No appearance For Respondents:

Mr.A.R.L.Sundaresan, Senior Counsel for Mr.Sounthar for R1 Mr.S.Doraisamy for R2 Mr.A.V.Arun for R3

JUDGMENT

(Judgment of this Court was delivered by T.RAJA,J.) When the matter is taken up for hearing, there is no representation for the appellants. Though the writ appeal is of the year 2013 and the same is pending for quite eight long years, counsel appearing for HR&CE has not chosen to appear to argue the matter today, which shows that they are not interested in prosecuting the case. Accordingly, the writ appeal is liable to be dismissed and the same is dismissed for non prosecution. Consequently, connected M.P. is closed. No costs.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar vga

To 1.The Secretary, The Government of Tamil Nadu, Tamil Development, Religious Endowment and Information Department, Fort St. George, Chennai.

2.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai.

3.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Pattamangala Street, Mayiladuthurai, +1cc to Mr.S.Sounthar, Advocate SR.No.23936 +1cc to Mr.S.Doraisamy, Advocate SR.No.23222 +1cc to Special Government Pleader (H.R & C.E)SR.No.23769 W.A.No.1475 of 2013 and M.P. No.1 of 2013 SMI(CO) GMY(02/07/2021)