P.Adhimoolam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.6.2019

CORAM

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.A.No.1933 of 2019 and C.M.P.No.13153 of 2019 P.Adhimoolam Appellant

Versus

1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai 600 034.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Tiruhci-6.

3. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ariyalur.

4. C.Kannusamy Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order of this court dated 13.7.2018 in W.P.No.17638 of 2018.

WP.Prayer: Petition under Article 226 of the constitution of India, praying for the issue a Writ of mandamus, directing the third respondent to appoint a Fit Person in terms of the orders passed by the second respondent in Na.Ka.12699/2017 /A4 dated 28/09/2017 for the administration of the Arulmighu Ayyanar @ Sri Vaiykari Andavar temple and its lands situate at Vayilappadi Village & Post Kunnam Taluk Perambalur District. For appellant : Mr.R.Thiagarajan For Respondents : Mr.Maharajan, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the court was made by Dr.VINEET KOTHARI, J.) Heard the learned counsel for the parties.

2. In view of the subsequent development viz. an order passed by the Assistant Commissioner, HR&CE on 10.12.2018, the learned counsel at the Bar informed that a fresh writ petition has been filed by the present Appellant P.Adhimoolam, in W.P.No.34522 of 2018, impleading the Respondent, C.Kannusamy also as a party Respondent and the same is pending before the learned Single Judge, we are not inclined to interfere with the order impugned before us in any manner.

3. Therefore, we dispose of the writ appeal relagating the parties back to the learned Single Judge to seek their remedy before the learned Single Judge in W.P.No.34522 of 2018. No costs. The connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar ssk.

To:

1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai 600 034.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Tiruhci-6.

3. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ariyalur.

+1cc to Mr.S.Kamadevan, Advocate, S.R.No. 52217 W.A.No.1933 of 2019 BP(CO) GN(20/08/2019) https://hcservices.ecourts.gov.in/hcservices/