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Madras High CourtWP/26815/2015dismissed

M.Bharathidasan, v. The Joint Commissioner,

2015-08-27Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.Nos.26815 of 2015 M.Bharathidasan ...

Petitioner - Vs -

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34.

3. The Executive Officer / Thakkar, Arulmigu Solai Amman Thirukoil, Ayanavaram, Chennai-23.

4. V.Ayyavoo

5. S.Anbhazhagan

6. N.Udayakumar

7. K.Shanmugasundaram

8. A.Sampath ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for entire records relating to the impugned order passed by the 3rd respondent in the proceedings No.Nil, dated 19.08.2015 and quash the same.

For Petitioner : Mr.C.Prakasam For Respondents 1 to 3 : Mr.K.V.Dhanapalan Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order passed by the third respondent in the proceedings No.Nil, dated 19.08.2015

2. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3.

3. By an order dated 17.04.2015, the first respondent has advised the third respondent to utilize the assistance and service of the petitioners and others. By the subsequent order dated 19.08.2015 it was extended to others. It goes without saying that the petitioner's name is also found in the subsequent order dated 19.08.2015. Challenging the said order dated 19.08.2015, the petitioner has come forward with this Writ Petition inte alia contending that some other persons who have already misappropriated several lakhs of the temple fund were appointed.

4. Both the orders are very specific in nature to the effect that the persons mentioned thereunder are required to extend their support and assistance to the third respondent. In other words, the orders do not give any right to them. The third respondent is the person incharge of the temple for the conduct of the festival. Such an order does not have any civil consequence. The petitioner cannot be termed as a person aggrieved by the impugned order. The said order states that every body has to extend assistance for the smooth running of the temple. The persons mentioned thereunder do not have any right over the administration of the temple.

5. In view of the same, this Court does not find merit in this Writ Petition. Hence, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. -s/dAssistant Registrar(CO) dt:09/09/2015 True Copy Sub-Assistant Registrar arr

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34.

3. The Executive Officer / Thakkar, Arulmigu Solai Amman Thirukoil, Ayanavaram, Chennai-23.

+1 cc to Mr.C.Prakasam, Advocate sr.46074 +1 cc to Government Pleader sr.45929 W.P.No.26815 of 2015 aa09/09/2015