T.Narayanasamy Udayar v. The Asst. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.22419 of 2015 and M.P.No.1 of 2015 T.Narayanasamy Udayar Hereditary Trustee Arulmighu Ayyanar Thirukovil Veerangipuram Village Thirukovilur Taluk Villupuram District ..

Petitioner Vs.

1 The Asst. Commissioner Hindu Religious and Charitable Endowments Department Villupuram 2 The Executive Officer A/m.

Veerateswarar Temple Keezhaiyur Tirukovi8lur as Fit Person of A/m. Ayyanur Thirukovil Veerangipuram Village Thirukovilur Taluk Villupuram Dt 3 K.MANOHARAN (R-3 is impleaded as per Order Dated:18.11.

2015 by M.M.S. J. in MP.2/2015 in WP.22419/2015).

..

Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the proceedings of the 1st respondent dated 9.7.2015 made in Na. Da. Na. Ka. No. 1871/2015/A1 dated 9.7.2015 appointing the 2nd respondent as the Fit Person for Arulmighu Ayyanar Thirukovil Veerangipuram Village Thirukovilur Taluk Villupuram District quash the same as illegal. For Petitioner ..

Mr.T.S.Vijaya Raghavan For R1 & R2 ..

Mr.P.Sanjay Gandhi Addl. Govt. Pleader For R3 ..

Mr.N.Suresh

ORDER

What has been challenged in the present proceedings is the impugned order by which the respondent No.2 has been appointed as a fit person. It is also seen from the record that the petitioner has filed an application under Section 63(b) of the Hindu Religious & Charitable Endowment Act seeking to declare himself as a hereditary trustee which is pending in O.A.No.15 of 2015 on the file of Joint Commissioner, Villupuram.

2. The learned counsel appearing for the petitioner submitted that the Joint Commissioner, Villupuram may be directed to dispose of the said proceedings and in the meantime, status quo as granted by this Court may be directed to be maintained.

3. Considering the submissions made, the Joint Commissioner, Villupuram is directed to dispose of the application filed under Section 63(b) of the Hindu Religious & Charitable Endowment Act within a period of two months from the date of receipt of a copy of this order. The impleaded respondent, namely, respondent No.3 herein is also entitled to be heard and Joint Commissioner, Hindu Religious & Charitable Endowment Department, Villupuram is directed to issue notice to respondent No.3 before passing appropriate orders in pending O.A.No.15 of 2015. Till appropriate order is passed, status quo as on today shall be maintained.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) True Copy Sub Assistant Registrar To 1 The Asst. Commissioner Hindu Religious and Charitable Endowments Department Villupuram

2 The Executive Officer A/m.

Veerateswarar Temple Keezhaiyur Tirukovi8lur as Fit Person of A/m. Ayyanur Thirukovil Veerangipuram Village Thirukovilur Taluk Villupuram Dt +1cc to Mr.T.S.VijayaRaghavan, Advocate sr.66642 +1cc to Mr.M.N.Suresh, Advocate sr.66553 +1cc to The Government Pleader sr.66889 W.P.No.22419 of 2015 tm[co] srg 28/12/2015