← Library
Madras High CourtWP/13978/2023disposed of

T.Kuppusamy v. The Commissioner

2023-06-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.13978 of 2023 and W.M.P No.13620 of 2023 T.Kuppusamy Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kotai Mariamman Thirukoil Campus, Salem - 636 001.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kotai Mariamman Thirukoil Campus, Salem - 636 001.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent in Notification N.K.No.1975/2023-60/A.2/ dated 17.03.2023 and quash the same and direct the respondent not to interfere with the Sri Kariyarama Temple @ Sri Kariyaramasamy Temple affairs.

For Petitioner : Mr.N.Udayakumar For Respondents : Mr.K.Karthikeyan Government Advocate

O R D E R

The subject matter of challenge in the present writ petition pertains to notification issued by the 2nd respondent dated 17.03.2023 mainly on the ground that the notification is not in compliance with Section 47(c) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (herein after referred to as "the Act") 2.When the matter was taken up for admission, the learned Government Advocate brought to the notice of this Court the subsequent notification that was issued by the Assistant Commissioner of HR & CE Department, Salem dated 29.05.2023. The learned Government Advocate submitted that no applications were received pursuant to the earlier notification and hence, a fresh notification has been issued. The learned Government Advocate further submitted that this notification as well as the earlier notification are in strict compliance with the requirement of Section 47(c) of the Act. 3.In the light of the above development, nothing survives in this writ petition and it is always left open to the petitioner to participate in the selection

pursuant to the notification dated 29.05.2023 and the selection shall be made by the department strictly in accordance with the Act. 4.This writ petition is disposed of accordingly. No Costs. Consequently, connected miscellaneous petition is closed.

01.06.2023 Index : Yes/No (2/2) Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kotai Mariamman Thirukoil Campus, Salem - 636 001.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Kotai Mariamman Thirukoil Campus, Salem - 636 001.

N. ANAND VENKATESH, J.

ssr W.P No.13978 of 2023 and W.M.P No.13620 of 2023 01.06.2023 (2/2)