C.Selva Ragul v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN W.P.Nos.8944 & 8953 of 2023 C.Selva Ragul S/o.S.Celladurai No.1/63, Main Road Valaiyamdevi Keelpathi & Post Bhuvangiri Taluk Cuddalore District 608 704 ... Petitioner Vs.

3.The Fit Person Arulmighu Vedanarayana Perumal Thirukoil Having office at Sri Bhuvaraga Swamy Temple Srimushnam 608 703.

... Respondents 1/6

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents to appoint the Petitioner as one of the Permanent Trustee in Vedhanarayana Temple, Valayamadevi, Cuddalore District by considering the application submitted by the Petitioner dated 18.01.2023.

W.P.No.8953 of 2023 T.Vedavalli W/o.Thiruvengadachariyar No.1/42B, Sannathi Street Valaiyamdevi & Post Bhuvangiri Taluk Cuddalore District 608 704 ... Petitioner Vs.

3.The Fit Person/Inspector Arulmighu Vedanarayana Perumal Thirukoil Having office at 2/6

Sri Bhuvaraga Swamy Temple Srimushnam 608 703.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents to appoint the Petitioner as one of the Trustee in Vedhanarayana Temple, Valayamadevi, Cuddalore District by considering the application submitted by the Petitioner dated 18.01.2023. For Petitioner : Mr.V.Sivalingam For Respondents : Mr.K.Karthikeyan Government Advocate C O M M O N O R D E R W.P.No.8944 of 2023 has been filed seeking direction to the Respondents to appoint the Petitioner as one of the Permanent Trustee in Vedhanarayana Temple, Valayamadevi, Cuddalore District by considering the application submitted by the Petitioner dated 18.01.2023. 2.W.P.No.8953 of 2023 has been filed seeking direction to the Respondents to appoint the Petitioner as one of the Trustee in Vedhanarayana Temple, Valayamadevi, Cuddalore District by considering the application 3/6

submitted by the Petitioner dated 18.01.2023. 3.Mr.K.Karthikeyan, learned Government Advocate, takes notice on behalf of the Respondents. By consent of both the parties, the matters are taken up for final disposal.

4.Heard the learned counsel for the Petitioner and the learned Government Advocate.

5.The Petitioners claim their right on the ground that the temple was administered by the Hereditary Trustee and it is also their case that the second Respondent passed an order of removing one M.Muthukumaran from the office of Hereditary Trustee on 22.01.2019 and fit person was appointed. As against the same, the said M.Muthukumaran has filed Writ Petition in W.P.No.5328 of 2019, later the same was withdrawn.

6.Learned Government Advocate produced the proceedings of the Joint Commissioner/2nd Respondent in br.K.e.f.vz .1055/2022/m4 ¦ dated 4/6

13.12.2022, whereby M.Muthukumaran was appointed as Hereditary Trustee and he has also assumed charges.

7.When that being the case, the representation of the Petitioners are without any locus standi. Since it is always open to the Petitioners to challenge the said order of the 2nd Respondent in appointing M.Muthukumaran as Hereditary Trustee, under the Act, these Writ Petitions are devoid of merits and is liable to be dismissed. The Petitioners, if they are so be advised, can take appropriate proceedings against the appointment of said person as Hereditary Trustee in the manner known to law.

8.In fine, these Writ Petitions are dismissed. No costs. 23.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 5/6

RMT.TEEKAA RAMAN.J, sai To W.P.Nos.8944 & 8953 of 2023 Dated: 23.03.2023 6/6