Devaraj v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2019

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P. No.2820 of 2006 and W.M.P.No. 2938 of 2006 Devaraj ... Petitioner Vs.

1. The State of Tamil Nadu, rep. by its Secretary, Tamil Nadu Development Culture and Religious Endowments Department, Fort St. George, Chennai 600 009.

2. The Commissioner, HR & CE Administration Department, Nungambakkam High Road, Chennai 600 034

3. The Assistant Commissioner, HR & CE Administration Department, Villipuram District.

4. The Fit Person Arulmighu Dharmarajar Duropathi Amman Temple, Pillai Chavadi, Vanoor Vattam, Villupuram District 605 014

5. The Executive Officer, Arulmighu Dharmarajar Duropathi Amman Temple Pillai Chavadi, Vanoor Vattam, Villupuram District - 605 014.

6. Vennila , w/o. Kothandapani

7. Navappan, S/o. Arumugham 8.Lakshmanan S/o. Kuttiandi .. Respondents (R5 & R6 dismissed vide Court order dated 31.03.2009)

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 5 to convene the Special meetings for the election of the Chairman, Board of Trustees of Arulmighu Dharmarajar Duropathi Amman Temple, Pillai Chavadi, Vanoor Vattam, VIllupuram District as contemplated under the functioning of the Board of Trustees Rules, consequently forbear the respondents 1 to 5 from nominating the 8th respondent as member of the Board of Trustees without considering the objection of the petitioner dated 09.01.2006. For Petitioner : Mr. D. Rajagopal For Respondents : Mr. I. Satish, AGP.

for R1 : Mr. M.Maharaja, Spl.G.P., for R2 & R3

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 5 to convene a special meeting for election of Chairman of Board of Trustees of Arulmighu Dharmarajar Duropathi Amman Temple, Pillai Chavadi, Vanoor Vattam, Villupuram.

2. The grievance of the petitioner is that the petitioner has been appointed as a trustee. Subsequently, the election to the Chairman of Board of Trustees was not convened. In the above circumstances, the present writ petition has been filed.

3. Today, when the matter is taken up for hearing, the learned Special Government Pleader, appearing for the respondents 2 and 3 would submit that after appointment of the trustees, a notice has been issued to convene the meeting on 16.08.2005 to the trustees for conducting election to the Chairman of the Board of Trustees, but it could not be conducted. That apart, the period of appointment has over in 2008 itself. Now, fit person has been appointed to manage the affairs of the Trust.

4. Considering the fact that further notice has been issued to convene the meeting, it is only the petitioner and other persons did not appear, and in the above circumstances, it is only due to the fault of the petitioner, the election could not be conducted and that apart the period is also over in the year 2008 itself, the prayer sought by the petitioner in this writ petition cannot be granted.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar mrp To

1. The Secretary, The State of Tamil Nadu, Tamil Nadu Development Culture and Religious Endowments Department, Fort St. George, Chennai 600 009.

2. The Commissioner, HR & CE Administration Department, Nungambakkam High Road, Chennai 600 034

3. The Assistant Commissioner, HR & CE Administration Department, Villipuram District.

4. The Fit Person Arulmighu Dharmarajar Duropathi Amman Temple, Pillai Chavadi, Vanoor Vattam, Villupuram District 605 014

5. The Executive Officer, Arulmighu Dharmarajar Duropathi Amman Temple Pillai Chavadi, Vanoor Vattam, Villupuram District - 605 014.

+1 CC to Mr.D. Rajagopal, advocate sr 99775.

+1 CC to The Govt. Pleader sr 100113.

W.P. Nos.2820 of 2006 EV(CO) SP(17/02/2020)