Sri Anjaneyar Ramdev Trust v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2018

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.12565 of 2018 and W.M.P.Nos.14718 and 14719 of 2018 Sri Anjaneyar Ramdev Trust (Hanuman Mandir) Represented by its Trustee Dhanraj C. Shah Son of Sunnilal Ji No.83, V33, Ko.11 Street, Choolai, Chennai 12. ..Petitioner .. Vs ..

1.The Commissioner 2.The Joint Commissioner 3.The Fit Person Arulmighu Sundararaja Perumal and Anjaneyaswamy Thirukoil Choolai, Chennai - 12. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus after calling for the records in proceedings Se.Mu.Na.Ka.No.6616/2011/A1 dated 20.07.2011, on the file of the 1st respondent and quash the same as illegal, incompetent and without jurisdiction and further permit the petitioner to continue the administration of Sri Anjeneyar Temple (Hanuman Mandir) Situated at No.85, V.V.Koil Street, Choolai, Chennai 12. For Petitioner : M/s.R.Poornima For Respondents : Mr.Maharaja Special Government Pleader

O R D E R

By mutual consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself. 2.The Writ Petition has been filed challenging the impugned order, wherein the Fit Person was appointed to the petitioner Trust.

3.The Grievances of the learned counsel for the petitioner is that, earlier a Writ Petition was filed and withdrawn and liberty was also given to challenge the order appointing the Fit Person.

4.Mr.Maharaja, learned Special Government Pleader representing the respondents stated that no Revision which is provided under the Statute has been filed though claimed by the learned counsel for the petitioner.

5.At any rate, Section 47 of the Hindu Religious and Charitable Endowment Act provides that a Revision can be preferred before the Joint Commissioner as against the order appointing a fit person. When there is an alternate effective remedy, the petitioner has to exhaust such remedy before coming to this Court under Article 226 of the Constitution of India. 6.Consequently, the Writ Petition is disposed of. However, if the petitioner has filed any Revision, the respondents are directed to take up and dispose of the same on merits. If it had not been filed, the revision is to be filed on or before 30.06.2018 and the same should be disposed of by the concerned Authorities on or before 30.09.2018. Opportunity also shall be given to the petitioner to represent before the said Authorities during the hearing of the said Revision. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar/AR (Rules) //True Copy// Sub Assistant Registrar gsa/sai To 1.The Commissioner

2.The Joint Commissioner 3.The Fit Person Arulmighu Sundararaja Perumal and Anjaneyaswamy Thirukoil Choolai, Chennai - 12.

+1cc to the Special Government Pleader (HR & CE), S.R.No.33850 W.P.No.12565 of 2018 SJ-II(CO) CS/07/06/18