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Madras High CourtWP/18865/2010dismissed

Velappa Gounder v. Mrs.Sivakami,

2019-08-16Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.18865 of 2010 1.Velappa Gounder 2.A.Eswara Murthy 3.R.Alagarasan 4.K.Natarajan 5.P.Swaminathan 6.M.P.Palaniswami 7.S.M.Lakshmanan ... Petitioners Vs.

1.Mrs.Sivakami 2.Loganathan 3.Sampath Kumar 4.N.Prakash 5.S.Manoharan 6.The Executive Officer Arulmigu Mariamman Vinayagar Temple Pichampalayam, Tiruppur Taluk 7.The Joint Commissioner HR & CE Department Coimbatore - 18.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the Commissioner, Hindu Religious & Charitable Endowments Department, Chennai, quash the order dated 20.4.2010 made in R.P.No.68 of 2007 D2 and consequently direct the petitioners herein to be impleaded as parties in M.P.No.23 of 2007, pending on the file of the 7th respondent.

For Petitioners : Mr.T.S.Vijayaraghavan For Respondents : Mr.Maharaja, Spl.G.P.(HR & CE) for R7 Mr.D.Ravichander for R1 Mr.K.Ashok Kumar for R6 R2 to R5 - No Appearance https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioners have filed the writ petition seeking issuance of Writ of Certiorarified Mandamus, to call for the records of the Commissioner, Hindu Religious & Charitable Endowments Department, Chennai, quash the order dated 20.4.2010 made in R.P.No.68 of 2007 D2 and consequently direct the petitioners herein to be impleaded as parties in M.P.No.23 of 2007, pending on the file of the 7th respondent. 2.It is seen that the respondents 1 to 5 have submitted an application before the Joint Commissioner (HR & CE), Coimbatore to recognise them as the Hereditary Trustee to the Arulmigu Mariamman Vinayagar Temple, Pichampalayam, Tiruppur Taluk. The petitioners have also filed a petition in M.P.No.23 of 2007 to implead them. The impleading application came to be dismissed and the same was also confirmed by the Commissioner of (HR & CE). 3.

It is now represented by the learned counsel appearing for the 6th respondent that the application filed before the Joint Commissioner of HR&CE to recognise the respondents 1 to 5 as hereditary trustee has been dismissed for non prosecution. Hence, the prayer sought for in this writ petition has become infructuous.

4.Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition if any is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kas To The Joint Commissioner, HR & CE Department, Coimbatore - 18, Revenue Divisional Officer, Cuddalore, Cuddalore District.

+1cc to Mr.T.S.Vijaya Raghavan, Advocate Sr.69656 +1cc ti Mr.K.Ashok Kumar, Advocate Sr.69811 +1cc to the Government Pleader Sr.70372 W.P.No.18865 of 2010 gp[co] srg 01/10/2019 https://hcservices.ecourts.gov.in/hcservices/