T.V.Muthukumar, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2017 CORAM :
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.5483 of 2013 & M.P.Nos.1 and 2 of 2013 T.V.Muthukumar S/o.late T.M.Vaithialingam Pillai, Hereditary Trustee, A/m/Chinna Ongaliamman Temple, Tiruchengode Town & Taluk, Namakkal District.
& residing at No.33, Pillaiyar Koil Street, Tiruchengode Town & Taluk, Namakkal District - 637 211.
...Petitioner
Vs.
1. The Commissioner, H.R.&C.E. (Admin) Dept., Chennai - 600 034.
2. The Joint Commissioner, H.R.&C.E.(Admin) Dept, Kottai Mariamman Complex, Salem.
3. The Fit Person/The Executive Officer, A/m.Mariamman and Chellandi amman Temple, Rasipuram, Now appointed as Fit Person in A/M.Chinna Ongaliamman Temple Tiruchengode Town & Taluk, Namakkal District.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the impugned order passed by the third respondent herein in No.Nil, Dated 01.03.2013 informing assuming possession of the temple and its properties and quash the same.
For Petitioner : Mr.W.C.Thiruvengadam For Respondents : Mr.R.P.Prathap Singh Government Advocate
O R D E R
This Writ Petition has been filed challenging the impugned Order dated 25.02.2013 by removing the petitioner from hereditary trusteeship of the temple.
2. When the matter is taken up today, the learned Government Advocate, appearing for the respondents submitted that during the pendency of this Writ Petition, by proceedings in M.No.16/2013, dated 31.1.2014, the Joint Commissioner of Hindu Religious Endowment Department, Salem has appointed M.Shanthi as the hereditary trustee of the temple under section 54(1) of the Act and hence, the prayer in this Writ Petition has become infructuous.
3.
Recording the submissions of the learned Government Advocate, this Writ Petition is dismissed as infructuous with liberty, the aggrieved person can challenge the impugned order, if it is permissible in law. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vrc To
1. The Commissioner, H.R.&C.E. (Admin) Dept., Chennai - 600 034.
2. The Joint Commissioner, H.R.&C.E.(Admin) Dept, Kottai Mariamman Complex, Salem.
3. The Fit Person/The Executive Officer, A/m.Mariamman and Chellandi amman Temple, Rasipuram, Now appointed as Fit Person in A/M Chinna Ongaliamman Temple, Tiruchengode Town & Taluk, Namakkal District.
+1cc to M/S.W.C.Thiruvengadam, Advocate SR.486 +1cc to the Government Pleader Sr.911 W.P. No.5483 of 2013 rp[co] srg 6/2/2017