K.J.Krishnakumar, v. The Govt. Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Fourth day of April Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE K. RAVICHANDRABAABU WP No.5468 of 2018 1 K.J.KRISHNAKUMAR, [ PETITIONERS ] 2 M.N.NARESH KUMAR, 3 A.V.JAYAKRISHNAN, 4 M.J.SATHISH KUMAR, 5 TMT.A.S.SRI LAKSHMI, Vs 1 THE GOVT. OF TAMIL NADU [ RESPONDENTS] REP. BY ITS SECRETARY, TOURISM CULTURE AND CHARITABLE INSTITUTIONS DEPARTMENT, FORT ST.
GEORGE, CHENNAI-600 009.
2 THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD, NUNGAMBAKKAM, CHENNAI-34.
3 THE JOIN COMMISSIONER, HR & CE DEPARTMENT, NUNGAMBAKKAM, CHENNAI-34. 4 THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, NUNGAMBAKKAM, CHENNAI-34. 5 D.A.HARI KRISHNA BABU, 6 A.V.SUBBARAYULU 7 B.L.UMAPATHI, 8 K.G.UMA SHANKAR, 9 A.SASIKALA, Writ petitions under article 226 of the Constitutions of India praying that in these circumstances stated therein and in the respective affidavits filed their with the High Court will pleased to
Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent in proceeding Se.Mu. Na.Ka. No. 32835/A1 dated 22.08.2017 appointing Respondents 5, 6 and 7 as Trustees to temple and the order of 1st respondent in GO(P) No.02 dated 08.01.2018 appointing respondents 8 and 9 as nominees of government as per the recommendations of 3rd respondent alleged to be of 16.6.2017 and quash them and direct the 1st and 2nd respondent to reconsider the petitioners application dated 28.4.17 and appoint them as trustees for Arulmigu Srinivasa Perumal Temple, Choolai, Chennai.112 IN WP.NO.5468 OF 2018.
Prayer amended as per order 18.04.18 by SMSJ IN WMP.10644/18 IN WP.5468/18.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.SRINIVASAN, Advocate for the petitioner and of MR.M.MAHARAJA, SPECIAL GOVERNMENT PLEADER FOR 1 TO 4 Respondents and of MR.M.L.RAMESH ADVOCATE on behalf of the 5 TO 9 Respondents the court made the following order:- It is represented by the learned senior counsel for the petitioner that the selected trustees are not having the requisite qualification to hold the post and on the other hand, they are not entitled to be considered for the post of trustees in view of Clause 6 of the disqualification referred to in the notice dated 04.04.2017. He further submitted that based on the petitioner's complaint, though enquiry is sought to be conducted, till this date, the same was not completed.
2. Learned Special Government Pleader is directed to get instructions on the above aspects and produce the entire file with regard to the selection of the contesting respondents.
3. Post the matter on 25.04.2019. Registry is directed to delink this Writ Petition from W.P.Nos.22891 to 22900/2018. -sd/- 04/04/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE GOVT. OF TAMIL NADU REP. BY ITS SECRETARY, TOURISM CULTURE AND CHARITABLE INSTITUTIONS DEPARTMENT, FORT ST.
GEORGE, CHENNAI-600 009.
2 THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD, NUNGAMBAKKAM, CHENNAI-34.
3 THE JOIN COMMISSIONER, HR & CE DEPARTMENT, NUNGAMBAKKAM, CHENNAI-34. 4 THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, NUNGAMBAKKAM, CHENNAI-34. C.C. to M/S.V.SRINIVASAN Advocate SR.NO.5013 Order in WP.5468/2018 Date :04/04/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (09/04/2019)