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Madras High CourtWP/33655/2013disposed of with direction

Sri Govindha Yathiraaja Jeeyar v. The Secretary

2024-09-04Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And M.P.Nos.1 and 2 of 2013 Sri Govindha Yathiraaja Jeeyar ... Petitioner Vs.

1.The Secretary, Government of Tamilnadu, Department of Tourism, Cultural & Religious Endowments, Secretariat, Chennai - 600 009.

2.The Commissioner Tamilnadu Hindu Religious and Charitable Endowments Uthamar Gandhi Salai 3.The Joint Commissioner (General) Tamilnadu Hindu Religious and Charitable Endowments Uthamar Gandhi Salai 4.Swamy Govinda Ramanuja Dasa (R4 impleaded as per order dated 04.04.2014 by MMSJ in MP.1/14 in 1/5

WP.33655 of 2013) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for records and quash the order dated 11.09.2013 of the first respondent in his proceedings Letter No.8535/RE 3.1/2013-2 and consequently direct the respondents to appoint the petitioner as Hereditary Religious Dharmakartha of Sri Athikesavaperumal and Sri Bashyakar Swami Devasthnam.

For Petitioner : Mr.Prahalad Bhat.K.

For Respondents : Mr.S.Ravichandran for R1 to R3 Additional Government Pleader R4 - No Appearance

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus, to call for records and quash the order dated 11.09.2013 of the first respondent in proceedings Letter No.8535/RE 3.1/2013-2 and consequently direct the respondents to appoint the petitioner as Hereditary Religious Dharmakartha of Sri Athikesavaperumal and Sri Bashyakar Swami Devasthanam. 2.The learned counsel appearing for the petitioner submitted 2/5

that the petitioner is the 21st Madathipathi of Sri Yathiraaja Jeeyar Mutt. Sri Athikesavaperumal and Sri Bashyakar Swami Devasthanam in Sriperumbuthur is governed by a Scheme dated 03.01.1923 settled by the Sub-Court, Chengalpet in I.A.No.448 of 1992 in O.S.No.30 of 1921. The petitioner made representation to the respondents seeking to appoint him as the Hereditary Religious Dharmakartha of Sri Athikesavaperumal and Sri Bashyakar Swami Devasthanam in Sriperumbuthur and the said request was rejected by the respondents. 3.The learned Additional Government Pleader (HR&CE) appearing for the respondents 1 to 3 submitted that the remedy available to the petitioner is before competent civil Court as per the Scheme dated 03.01.1923 settled by the Sub-Court, Chengalpet in I.A.No.448 of 1992 in O.S.No.30 of 1921.

4.At this juncture, the learned counsel appearing for the petitioner submitted that this Court may grant liberty to file appropriate petition before the competent civil Court based on the Scheme dated 03.01.1923 settled by the Sub-Court, Chengalpet in I.A.No.448 of 1992 in O.S.No.30 of 1921.

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5.In view of the above, this Court grants liberty to the petitioner to work out the remedy before the competent civil Court in the manner known to law. This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 04.09.2024 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Secretary, Government of Tamilnadu, Department of Tourism, Cultural & Religious Endowments, Secretariat, Chennai - 600 009.

2.The Commissioner Tamilnadu Hindu Religious and Charitable Endowments Uthamar Gandhi Salai 3.The Joint Commissioner (General) Tamilnadu Hindu Religious and Charitable Endowments Uthamar Gandhi Salai 4/5

M.DHANDAPANI,J.

pri And M.P.Nos.1 and 2 of 2013 04.09.2024 5/5