M. Senthil Kumar v. S.Narasimha Bhattchari
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 06.02.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN C.M.P.No.22484 of 2017 in W.A.No.SR96164 of 2017 M.Senthil Kumar .. Petitioner Vs.
1.S.Narasimha Bhattachari Hereditary Trusteeof a/m Kariamanicka Perumal Temple, Ayanavaram, 18/7, Bhattachari Street, Ayanavaram, Chennai - 600 023
2. The Commissioner, Hindu Religious & Charitable Endowment, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034
3. The Joint Commissioner,
4. The Assistant Commissioner,
5. The Fit Person / Executive Officer, A/m, Thiruvalleeswarar Thirukkoil Padi, Chennai - 50
6. S.Ramasamy Bhattachari
7. S.Gopalakrishna Bhattachari ..Respondents Prayer: Civil Miscellaneous Petition filed under Section 151 CPC to Grant Leave to the Petitioner to file an Appeal against the Order passed by the Learned Judge in W.M.P.No.29959 of 2017 in W.P.No.22533 of 2017.
For Petitioner : Mr.S.Venkatesh For Respondents : Mr.V.Srikanth for R1 Mr.M.Maharaja for R2 to R4 Spl. Govt. Pleader for HR & CE Mr.A.K.Sriram for M/s A.S.Kailasam for R5 Additional Government Pleader Mr.M.Alagu Narayanan for R6 and R7
O R D E R
[Order of the Court was made by S.VAIDYANATHAN, J.] Against the Interim Order passed by the Learned Single Judge in W.M.P.No.29959 of 2017 in W.P.No.22533 of 2017 dated 14.11.2017 and also to implead the petitioner herein in the Writ Petition, the present C.M.P.No.22484 of 2017 has been filed seeking to Grant Leave of this Court to file a Writ Appeal.
2. Heard the learned counsel on either side and perused the documents placed on record.
3. Admittedly, the order passed by the Learned Single Judge is only in W.M.P. Whether, the agreement arrived between the parties is correct or not, can be canvassed by the petitioner herein in the Writ Petition. On a perusal of the Notice of the Joint Commissioner dated 13.05.2015, it is very clear that the Petitioner is the complainant. It is needless to mention that the complainant has to be heard. The Complainant is the person, who will bring the correct facts to the authority / Court about the violations / irregularities committed by other persons.
4.As the Writ Petition is pending and that it is only an Interim arrangement, and though the petitioner drew the attention of this Court to the order passed by the Commissioner, HR and CE Department dated 07.08.2017 under Section 53(5) of the Tamilnadu H.R. & C.E. Act, 1959, without rendering any finding on the said order, as the matter is sub judice before the Learned Single Judge, this Court is not inclined to Grant Leave in the present C.M.P., as nothing prevents the petitioner
from filing a petition to implead him in the Writ Petition and thereafter to seek appropriate modification or any other order of his choice in accordance with Law.
With the aforesaid observation, this Civil Miscellaneous Petition is disposed of. Consequently, W.A.No.Sr96164 of 2017 is rejected. (M.V.J.) (S.V.N.J.) 06.02.2018 Index :Yes / No Internet :Yes / No ssd To 1.S.Narasimha Bhattachari Hereditary Trusteeof a/m Kariamanicka Perumal Temple, Ayanavaram, 18/7, Bhattachari Street, Ayanavaram, Chennai - 600 023
2. The Commissioner, Hindu Religious & Charitable Endowment, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034
3. The Joint Commissioner,
4. The Assistant Commissioner,
5. The Fit Person / Executive Officer, A/m, Thiruvalleeswarar Thirukkoil Padi, Chennai - 50
M.VENUGOPAL, J.
and S.VAIDYANATHAN, J.
ssd C.M.P.No.22484 of 2017 in W.A.No.SR96164 of 2017 06.02.2018