D.Sureshbabu, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 7374 of 2024 D.Sureshbabu ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

4. The Commissioner of Police, Coimbatore City, O/o. the Commissioner of Police, Coimbatore - 641 018.

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5. The Inspector of Police, E1, Singanallur Police Station, Singanallur, Coimbatore - 641 005.

6. G.Mohanasundaram ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the representation of the Petitioner dated 04.03.2024 to take necessary and appropriate immediate action against the Sixth Respondent Trust and to bring the Temple Administration under the control of the HR & CE Department by appointing Fit Person under the Act till the final order passed in the scheme application in O.A. No. 28 of 2023 by the Second Respondent. For Petitioner :

Mr. R.Amardeep For Respondents :

Mr. K.Karthikeyan, Government Advocate (for R1 to R3) Mr. J.Subbiah, Government Advocate (Criminal Side) (for R4 & R5)

O R D E R

Heard Mr. R.Amardeep, Learned Counsel for the Petitioner, Mr. K.Karthikeyan, Learned Government Advocate, who takes notice for the First to Third Respondents, and Mr. J.Subbiah, Learned Government Advocate (Criminal Side), who takes notice for the Fourth and Fifth Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2/6

2.

The Writ Petition has been filed for directing the Respondents to consider the representation dated 04.03.2024 made by the Petitioner to take necessary and appropriate immediate action against the Trust of the Sixth Respondent and to bring the Temple Administration under the control of the Hindu Religious and Charitable Endowments Department of Government of Tamil Nadu (hereinafter referred to as 'the Act' for short) by appointing Fit Person under the Act till the final order passed in the scheme application in O.A. No. 28 of 2023 by the Second Respondent. 3.

Learned Government Advocate appearing for the First to Third Respondents, on instructions, states that if the Petitioner makes necessary application under Section 64(4) of the Act for appointment of Fit Person pending application in O.A. No. 28 of 2023 before the Second Respondent under Section 64(1) of the Act for framing scheme decree, it would be considered in accordance with law. In view of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record. 3/6

In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition is closed. No costs.

13.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 27.03.2024.

vjt To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundaram Road, Coimbatore - 641 018.

4. The Commissioner of Police, Coimbatore City, O/o. the Commissioner of Police, Coimbatore - 641 018.

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5. The Inspector of Police, E1, Singanallur Police Station, Singanallur, Coimbatore - 641 005.

Copy to G.Mohanasundaram, Trustee, Arulmigu Sakthi Vinayagar Tirukovil Trust, Door No. 3/564, West Manikampallayam, Kunnathur, Sarkar Samakulam, Coimbatore.

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P.D. AUDIKESAVALU, J.

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