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Madras High CourtWP/17672/2010dismissed

P.Radhakrishna Reddiar, v. The Joint Commissioner,

2019-08-09Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.17672 of 2010 and M.P.No.1 of 2010 P.Radhakrishna Reddiar

...Petitioner

Vs

1. The Joint commissioner, Hindu Religious & Charitable Endowment Department, Villupuram, Villupuram Taluk & District.

2. The Fit Person / Inspector, Hindu Religious & Charitable Endowment Dept., Panruti Taluk, Cuddalore District.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent, particularly the impugned order dated 14.07.2010 vide Ref.No.Se.Mu.Na.Ka.No.8994-I/2009/E-1 and quash the same and consequentially direct the 1st respondent to permit the petitioner to continue as a Trustee of the Vaiyapuri Paradesi Annadhana Choultry, Boolaganathar Koil, Nellikuppam, Panruti Taluk, Cuddalore District.

For Petitioner : Mr.R.Thanjan For Respondents : Mr.M.Maharaja, Spl.G.P. (HR & CE)

ORDER

Heard the learned counsels appearing on either side and perused the materials available on record.

2. This Writ Petition has been filed challenging the appointment of fit person to Arulmigu Vaiyapuri Paradesiar Annadhana Chathram under Section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act.

3. Though the order of the first respondent has been challenged on various grounds, it is brought to the notice of this Court that as against the order impugned in this Writ Petition, appeal lies before the

Commissioner under Section 21 of the Act. On the sole ground, this Writ Petition is liable to be dismissed. Accordingly, it is dismissed granting liberty to the petitioner to challenge the same in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pvs To

1. The Joint commissioner, Hindu Religious & Charitable Endowment Department, Villupuram, Villupuram Taluk & District.

2. The Fit Person / Inspector, Hindu Religious & Charitable Endowment Dept., Panruti Taluk, Cuddalore District.

+1cc to Mr.R.Thanjan , Advocate SR.No. 68519 W.P.No.17672 of 2010 A.SK(30/09/2019)