N.Kadirvel v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.9.2015 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P.No.29359 of 2015 and M.P.No.1 of 2015 N.Kadirvel ... Petitioner vs.
1 The Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Board Nungambakkam Chennai-34.
2 The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Board Vellore.
3 The Assistant Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Board, Kancheepuram.
... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents not to appoint Trustees of the Arulmighu Kanikandeeswarar Padavettammal Temple Karunkkinil Amarndaval Koil Street Kancheepuram Town till the disposal of the petition for modification of scheme decree dated 16.12.2008 made in O.A.No.5 of 2004.
For Petitioner ..
Mr.D.Baskar For R1 to R3 ..
Mr.K.V.Dhanapalan, Addl. Govt. Pleader
ORDER
Seeking modification of the scheme decree passed in O.A.No.5 of 2004, dated 16.12.2008, the petitioner filed an application for modification in April 2015 under Section 65(4)(a) of the Hindu Religious & Charitable Endowment Act. Alleging that respondents are trying to appoint trustees during the pendency of the said application, the present writ petition has been filed.
2. Merely because, the petitioner filed an application for modification of the scheme decree, there is no bar in law for the respondents in appointing trustees.
However, taking into consideration of the pendency of application made seeking https://hcservices.ecourts.gov.in/hcservices/
modification, a direction is issued to second respondent to pass appropriate final orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. If any trustees are appointed in the meantime, the said appointment should be subject to the final order to be passed in the application seeking modification.
3. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar(CSII) dt:29/9/2015 True Copy Sub-Assistant Registrar kua To 1 The Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Board Nungambakkam Chennai-34.
2 The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Board Vellore.
3 The Assistant Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Board, Kancheepuram.
+1 cc to Mr.D.Baskar Advocate sr.51053/15 +1 cc to Government pleader sr.51051/15 W.P.No.29359 of 2015 aa1/10/2015 https://hcservices.ecourts.gov.in/hcservices/