B.Raja Guru, v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 5861 of 2013 and M.P. No. 1 of 2013 B. Raja Guru ... Petitioner Vs.

1. The Joint Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam High Road Chennai - 600 034.

2. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam High Road Chennai - 600 034.

3. The Executive Officer A/m.Renganatha Swamy Thirukoil Thiruneermalai Chennai.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records of the first respondent herein in Se.Mu.Na.Ka. 845/2013/A1 dated 13.02.2013 and quash the same and pass further orders.

For Petitioner : Mr. T. Chandrasekaran For Respondents : Mr. R.P. Prathap Singh, Government Advocate for R1 & R2 No Appearance for R3

O R D E R

Learned counsel for the petitioner submitted that the petitioner filed an appeal before the Commissioner of HR & CE Department, Chennai, in A.P. No.17/2013 D2, challenging the

impugned proceedings of the first respondent herein in Se.Mu.Na.Ka. 845/2013/A1 dated 13.02.2013, appointing fit person to the petitioner temple invoking Section 64(4) of the Act.

2. On the said appeal, final orders have been passed on 19.07.2013, setting aside the impugned order and remitting the matter back to the first respondent, Joint Commissioner for denova enquiry and to pass appropriate orders after following due process of law. Copy of the order passed has been produced by the learned counsel for the petitioner, which shall form part of the record. Learned counsel has also made an endorsement to that effect.

3. In view of the order dated 19.07.2013 and recording the endorsement made by the learned counsel for the petitioner, the writ petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar avr To

1. The Joint Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam High Road Chennai - 600 034.

2. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam High Road Chennai - 600 034.

3. The Executive Officer A/m.Renganatha Swamy Thirukoil Thiruneermalai Chennai.

+1cc to Mr.R.Mahalingam, Advocate Sr.74020 +1cc to the Government Pleader SR.74000 W.P. No. 5861 of 2013 and M.P. No. 1 of 2013 ks[co] srg 19/01/2017