Madras High CourtWP/17109/2018withdrawn dismissed

T.R.Ramesh,Flat 3b,Nataraj v. The State Of Tamilnadu

2019-06-03Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 3/6/2019 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.17109 of 2018 and W.M.P.No.20374 of 2018 T.R.Ramesh ...

Petitioner Vs

1. The State of Tamil Nadu rep. By is Secretary Department of Tourism, Culture and Religious Endowments Department Secretariat, Fort St. George Chennai 600 009.

2. The Commissioner Hindu Religious & Charitable Endowments Department 119 Uthamar Gandhi Road Nungambakkam Chennai 600 034.

3. The Executive Officer Sri Venkatachalapathy Swamy Temple OppiliappanKovil, N. Street Thirunageshwaram Kumbakonam Taluk Thanjavur District.612 204

4. The Executive Officer Sri Kapaleeshwarar temple Mylapore Vadakku Mada Veedhi Chennai 600 004.

5. The Executive Officer Sri Kamakshi Amman Temple Kancheepuram Tamil Nadu.631 502

6. The Executive Officer Sri Subramanya Swami Temple Tiruttani 631 2019 Tiruvallur District.

7. The Executive Officer Sri Avinashi Lingeshwarar Temple Avinashi 641 654.

Tirupur District.

8. The Executive Officer Sri Bangaru Kamakshi Amman Temple West Main Street Thanjavur.

9. The Executive Officer Sri Sukavaneswarar Temple Swarnambigai Agraharam Salem 636 001.

10. The Executive Officer Sri Vataranyaswami Temple Tiruvalangadu Tiruvallur 631 210.

...

Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of declaration to declare the position of the Executive Officer in the offices of respondents 3 to 10 is nonest, illegal and ultra vires the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act,1959.

For Petitioner ...

Mr.Niranjan Rajagopalan for M/S.G.R.Associates For Respondents...

Mr.M.Maharaja Special Government Pleader (HR & CE) for R.R.1 and 2.

Mr.P.Gopalan for R.6.

- - - - -

O R D E R

(Order of this Court was made by S.MANIKUMAR, J.) Instant public interest litigation has been filed for a writ of declaration, declaring the position of the Executive Officer, in the offices of respondents 3 to 10, as unconstitutional, nonest, illegal and ultra vires, the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act,1959.

2. Whatever the petitioner has contended in the instant writ petition, appears to be the contentions raised in the letter/petition, dated 24/7/2017.

3. The Commissioner, HR & CE, vide proceeding, in R.C.No.33537/2017-1/L5, dated 18/11/2017, has already rejected the case of the petitioner, which remains unchallenged. Therefore, we are of the prima facie view that prayer sought for, issuance of a writ of declaration, cannot be granted.

4. Mr.Niranjan Rajagopalan, learned counsel for the petitioner seeks permission to withdraw the instant writ petition, with liberty to challenge the order, dated 18/11/2017. He has also made an endorsement to that effect.

5. Placing on record the above, instant writ petition is dismissed, granting liberty as prayed for. No costs. Consequently, the connected Miscellaneous Petition No.20374 of 2018 is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mvs.

1. The Secretary State of Tamil Nadu Department of Tourism, Culture and Religious Endowments Department Secretariat, Fort St. George Chennai 600 009.