Jayaraman v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.29990 of 2004 1.Jayaraman 2.Dandapani 3.S.Paramasivam 4.Ganesan 5.Kathiresan
6. Balakrishnan 7.Ayyadurai
...Petitioner
Vs
1. The Commissioner, H.R. & C.E, Administration Department, Nungambakkam, Chennai 600 034.
2. The Joint Commissioner, H.R. & C.E, Administration Department, Madurai.
3. The Executive Officer/Fit Person, Arulmighu Kalatheeswara Temple, Dindugal.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorari calling for the re cords of the 1st respondent culminated in the proceedings in R.P. No.23/2002/(D2) dated 20.07.2004 of the Commissioner H.R.& C.E. Admn. Dept and consequential Pro.RC.No.3369/2002/B1 dated 12.04.2002 of the Joint Commissioner H.R.& C.E. Admn. Department Madurai and quash the same.
For Petitioner : Mr.Anto Adeesh for Mr.Sivam Sivanandraj For Respondents: Mr.Karthikeyan, Special Government Pleader for R1 & R2 Mr.Amardeep for R3
O R D E R
The petitioner has challenged order dated 20.07.2004 appointing a fit person for the Arulmighu Kalatheeswara Temple, Dindugal on account of certain irregularities in the discharge of duties and alienation of temple properties by him. Along with the main Writ Petition, two miscellaneous petitions had been filed seeking interim stay as well as interim injunction as regards the operation of the impugned order. Notice has been issued on 15.10.2004. When the miscellaneous petitions were taken up on 09.11.2009 after completion of service this Court noted that the petitioners were not armed with any material in support of their prayer for interim protection and had dismissed the miscellaneous petitions. Moreover, learned counsel for R3 confirms that the fit person appointed under the impugned order is no longer in service and the Executive Officer, who is presently in management has been appointed in 2019. There being no interim protection till date and on account of the elapse of time, this writ petition is rendered infructuous as nothing survives therein.
3. This writ petition is thus dismissed as infructuous. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ska/sl To
1. The Commissioner, H.R. & C.E, Administration Department, Nungambakkam, Chennai 600 034.
2. The Joint Commissioner, H.R. & C.E, Administration Department, Madurai.
3. The Executive Officer/Fit Person, Arulmighu Kalatheeswara Temple, Dindugal.
W.P. No.29990 of 2004 CO(VD) BDL/07/01/2021