S.Pitchai Ganapathy, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.02.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.2354/2015 & MP.No.1/2015 S.Pitchai Ganapathy
...Petitioner
Versus
1. The Secretary, Tourism, Culture & Religious Endowment Department, Government of Tamil Nadu Fort St George Chennai 600 009.
2. The Commissioner Hindu Religious & Charitable Endowment Dept., Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
3. The Joint Commissioner Hindu Religious & Charitable Endowment Dept., Madurai.
4. The Executive Officer Sri Baladhandayuthapani Temple Dindigul Road, Madurai 625 001.
...Respondents
Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents from interfering with the petitioner and other trustees administration of A/m.Madurai Veerasamy Temple and A/m.Pathinettampadi Karuppanaswami temple bearing Door No.52, East Chithirai St., Madurai, pursuant to the communication dated 23.01.2015 issued by the 4th respondent pending disposal of the above Review Petition dated 27.01.2015 on the file of the 1st respondent.
For Petitioner :
Mr.V.Srikanth For Respondents :
Mr.M.L.Mahendran, GA
ORDER
Heard Mr.V.Srikanth, learned counsel for the petitioner and Mr.M.L.Mahendran, learned Government Advocate appearing for the respondents and with their consent, the writ petition is disposed of at the admission stage itself.
2.The petitioner seeks for issuance of a writ of mandamus to forbear the respondents from interfering with the administration of the temples till the petitioner's review petition dated 27.01.2015, which has been presented before the 1st respondent, is disposed of on merits.
3.The petitioner has filed a statutory review petition as against the order passed by the Government in G.O.Ms.No.317, dated 18.12.2014 u/s.114-A of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959. Along with the review petition, the petitioner has also prayed for stay of the order passed in G.O.Ms.No.317 dated 18.12.2014. The review petition has been received on 27.01.2015 and the same is pending.
4.In the light of the above, without going into the merits of the petitioner's contentions, there will be a direction to the 1st respondent to consider the petitioner's review petition dated 27.01.2015 and pass orders on merits and in accordance with law as expeditiously as possible. Since, the petitioner has filed petitions for stay and injunction, the 1st respondent, shall, first take up the interim applications for consideration within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the 1st respondent shall consider the review petition. Till the interim applications are disposed of by the 1st respondent, the status quo prevailing as on date, shall be maintained.
5.The writ petition is disposed of with the above directions. No costs. Consequently, connected MP is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar AP To
1. The Secretary, Tourism, Culture & Religious Endowment Department, Government of Tamil Nadu Fort St George Chennai 600 009.
2. The Commissioner Hindu Religious & Charitable Endowment Dept., Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
3. The Joint Commissioner Hindu Religious & Charitable Endowment Dept., Madurai.
4. The Executive Officer Sri Baladhandayuthapani Temple Dindigul Road, Madurai 625 001.
1 CC to Mr.V.Srikanth, Advocate SR.No. 5885 1 CC to the Government Pleader, SR.No. 5831 WP.No.2354/2015 AK (CO) PSI (11.02.2015)