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Madras High CourtWP/17466/2014closed

Sri Vyasaraja Mutt, (Sosalai), v. Jairaj, I.A.S.,

2018-04-27Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 17466 of 2014 and M.P.No. 1 of 2014 Sri Vyasaraja Mutt (Sosalai) having its Main Office at Krishnamurthypuram Mysore.

Represented by its Administrator Sri.S.N.Prakash S/o.Late S.Narayanadoss Residing at No.1161-Fifth Main, A.Block Second Stage, Rajaji Nagar Bangalore, and the present address at Madras, Sri Vyasaraja Mutt Branch Office No.1, East Tank Square Street Triplicane, Chennai - 5.

..Petitioner Vs 1.Jairaj, I.A.S.

Administrator Sri Vyasaraja Mutt (Sosalai) having its Main Office at No.1, Benne Govindappa Chatra- Basavangudi, Bangalore.

2.The Commissioner Hindu Religious and Charitable Endowments (Admn) Department, Nungambakkam Chennai - 34.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, forbearing the first respondent herein, not to interfere with the affairs and management of Sri Vyasaraja Mutt where orders have been passed exempting branch office of Sri Vyasaraja Mutt situated at Sri Rangam, Kumbakonam, Salem on the basis of the order passed under the Hindu Religious Endowment Act, Act II of 1927 and Act 22 of 1959.

For Petitioner : Mr.Kavitha For Respondents : Mr.M.Maharaja Special Government Pleader [HR&CE] Mr.K.S.R.Anirudha [For R1]

O R D E R

The relief sought for in this writ petition is to forbear the first respondent herein, not to interfere with the affairs and management of Sri Vyasaraja Mutt where orders have been passed exempting branch office of Sri Vyasaraja Mutt situated at Sri Rangam, Kumbakonam, Salem on the basis of the order passed under the Hindu Religious Endowment Act, Act II of 1927 and Act 22 of 1959.

2.The learned counsel appearing on behalf of the first respondent made a submission that the Administrator, who filed the present writ petition had left the Mutt itself and now the Mutt is under the control of the new Administrator appointed by the Government of Karnataka, which is situated Sri Vyasaraja Mutt Branch Office No.1, East Tank Square Street, Triplicane, Chennai - 5 and the Head office of the Mutt is in Mysore, State of Karnataka.

3.Further the similar writ petition filed by the same writ petitioner in W.P.No.1587 of 2013 on the very same ground is dismissed on 23.09.2015. This apart, the issue relating to appointment of Administrator is now sub judice before the High Court of Karnataka in Writ Appeal No.465 of 2018, more specifically, before the Hon'ble Division Bench. 4.This being the factum of the case, all the issues in relation to the entire Mutt are to be decided by the Hon'ble Division Bench of Karnataka, High Court and the present writ petition deserves to be dismissed as infructuous. 5.The fact remaining that the Government of Karnataka appointed an Administrator namely, Sri.K.Jairaj, I.A.S, in respect of the Mutt. This being the factum of the case, no further adjudication needs to be undertaken in respect of the grounds raised in this writ petition.

If at all, the writ petitioner is having any grievances, he is at liberty to approach the High Court of Karnataka in the pending matters. 6.Accordingly, the writ petition stands closed. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar maya

To 1.The Commissioner Hindu Religious and Charitable Endowments (Admn) Department, Nungambakkam Chennai - 34.

+1cc to M/s.P.Kavitha, Advocate, sr.no.31889 +1cc to the Government Pleader, sr.no.32603 +1cc M/s.K.S.R.Anirudha, Advocate, sr.no.32800(29/05/18) W.P.No. 17466 of 2014 NA(CO) RRK(22/05/18)