Thamilaga Indhu Saiva Koyilgal v. Arulmigu Vaithianathaswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A No.1743 of 2014 and M.P.No.1 of 2014 Thamilaga Indhu Saiva Koyilgal Paathukappu Matrum Deivaneri Parappum Sangam No.9-A/23, Tiruvalluvar Nagar 2nd Street, Thenpathi, Seergali - 609 110.
Rep. by its Secretary, S.Balasubramanian ... Appellant versus 1.Arulmigu Vaithianathaswamy Devasthanam, Rep. by its Hereditary Trustee, Sri-La-Sri Gurumaha Sannithanam of Dharmapuram Adheenam Vaitheeswarankoil, Sirkazhi Taluk, Nagapattinam District.
2.The Government of Tamil Nadu, Rep. by its Secretary, Tamil Nadu Development Religious Endowment and Information Department, Fort St.George, Chennai.
3.The Commissioner, Tamil Nadu Hindu Religious Charitable Endowments Department, Nungambakkam High Road, Chennai.
... Respondents PRAYER: Writ Appeal filed under clause 15 of the Letters Patent against the order dated 11.04.2014 made in W.P.No.9594 of 2014. WP 9594 of 2014:
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 2nd respondent in his proceedings Na.Ka.No.9060/2011/L.5 dated 12.2.2014 and also his consequential proceedigns in Na.Ka.No.9060/2011/L.5 dated 24.3.2014 and quash the same
For Appellants : Mr.S.Doraisamy For Respondents : Mr.S.Sounthar for R1 Mr.M.Maharaja, Spl.Govt.Pleader for R2 and R3 HR & CE
J U D G M E N T
[Judgment of the Court was made by K.K.SASIDHARAN,J.] The show cause notice issued to the first respondent by the Commissioner, Hindu Religious and Charitable Endowments Department, dated 12 February, 2014 was challenged before the writ court in W.P.No.9594 of 2014. The learned single Judge quashed the notice with liberty to the Commissioner to take a decision for initiating action after notifying the Rules. The order is under challenge in this intra court appeal.
2. When the writ appeal was taken up for hearing, the learned counsel for the first respondent on instructions submitted that after notifying the Rules, the appellant filed a writ petition in W.P.No.25664 of 2016 and obtained an order directing the Commissioner to consider the matter afresh. The writ petition was allowed by order dated 22 July, 2016. According to the learned counsel, pursuant to the order in W.P.No.25664 of 2016, the Commissioner conducted enquiry and passed final orders on 13 February, 2017. The learned counsel submitted that in view of the subsequent events, nothing survives for adjudication.
3. We have also heard the learned counsel for the appellant and the learned Special Government Pleader on behalf of respondents 2 and 3.
4. The writ petition filed by the first respondent was allowed on the ground that Rules were yet to be notified. The learned single Judge granted liberty to the Commissioner to proceed afresh after notifying the Rules. It is a matter of record that after notifying the Rules, the appellant filed a writ petition in W.P.No.25664 of 2016 and pursuant to the order in the said writ petition, the Commissioner conducted enquiry and ultimately, passed an order dated 13 February, 2017 giving directions to the first respondent. In view of the order passed by the Commissioner dated 13 February, 2017, nothing survives for adjudication in this intra court appeal.
5. The intra court appeal is disposed of on account of the subsequent events.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar svki 1.The Government of Tamil Nadu, Rep. by its Secretary, Tamil Nadu Development Religious Endowment and Information Department, Fort St.George, Chennai.
2.The Commissioner, Tamil Nadu Hindu Religious Charitable Endowments Department, Nungambakkam High Road, Chennai.
+ 1 cc to Mr.S.Sounthar Advocate,SR.77497 + 1 cc to Mr.S.Doraisamy Advocate,SR.77403 + 1 cc to The Govt.Pleader, SR.78063 W.A No.1743 of 2014 GMR(CO) NR 30/11/2017