M.A.Varadarajan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.A.Varadarajan ..

Appellant Vs.

1. The Commissioner HR & CE Department Nungambakkam Chennai 600 0034.

2. The Joint Commissioner Madras Division II HR & CE Department 130, R.K. Mutt Road Mylapore, Chennai 600 004.

3. The Deputy Commissioner HR & CE Department 127, Yadaval Street Padi, Chennai 600 050.

4. A/M Sri Parthasarathy Swamy Temple Rep. by the Executive Officer Chennai 600 005.

..

Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 03.02.2023 made in W.P.No.2885 of 2023. For the Appellant : Mrs.Hema Sampath Senior Counsel For Ms.R.Meenal For the Respondents : Mr.R.Shunmugasundaram Advocate General Assisted by Mr.N.R.R.Arun Natarajan Special Government Pleader & Ms.A.G.Shakeena for Respondents 1 to 3 Mr.R.Bharanidharan for Respondent 4

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The order of the learned Single Judge is assailed.

2. We have heard learned Senior Counsel for the appellant, learned Advocate General for the respondents 1 to 3 and learned counsel for the fourth respondent.

3. Learned Senior Counsel for the appellant submits that as per the Scheme of the Trust, the trustees shall be selected from among the Thengalai Srivaishnava persuasion of the Hindu community. The notification issued for the selection of nonhereditary trustees is not in tune with Clause (3) of the Scheme. The notification does not say that three non-hereditary trustees would be selected from the persons of Thengalai Srivaishnava sect.

4. Learned Advocate General submits that only persons from Thengalai Srivaishnava persuasion of the Hindu community have made applications and would be appointed. Pursuant to his instructions, he has made the said statement before the learned Single Judge and the same has been recorded.

5. Learned Advocate General has again made a statement that persons from Thengalai Srivaishnava persuasion of the Hindu community have only applied and they would only be considered for appointment for the post of non-hereditary trustees.

6. In view of that statement, no further orders are necessary. Accordingly, the writ appeal is disposed of. There will be no order as to costs. Consequently, CMP No.10293 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 01.06.2023 Index : Yes/No kpl To

1. The Commissioner HR & CE Department Nungambakkam Chennai 600 0034.

2. The Joint Commissioner Madras Division II HR & CE Department 130, R.K. Mutt Road Mylapore, Chennai 600 004.

3. The Deputy Commissioner HR & CE Department 127, Yadaval Street Padi, Chennai 600 050.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 01.06.2023