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Madras High CourtWP/40400/2015disposed of

Mrs. Vijaya, v. The Commissioner,

2015-12-22Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.Nos.40400 to 40405 of 2015 Mrs. V.Vijaya ... Petitioner in W.P. No. 40400 of 2015 Mrs. M.Dhavamani ... Petitioner in W.P. No. 40401 of 2015 Mrs. M.Tamilselvi ... Petitioner in W.P. No. 40402 of 2015 Mrs. R.Malaiyali ... Petitioner in W.P. No. 40403 of 2015 Mr. M.Vellaichamy ... Petitioner in W.P. No. 40404 of 2015 Mrs. K.Jaisankar ... Petitioner in W.P. No. 40405 of 2015 Vs.

1. The Commissioner, HR & CE Administration Department, Nungambakkam, Chennai.

2. The Assistant Commissioner/Executive Officer, A/M Jambukeswarar Ahilandewari Thirukoil, Thiruvanakkaval, Trichy.

3. The Assistant Commissioner, HR & CE, Trichy.

4. The Joint Commissioner, HR & CE, Trichy.

... Respondents in all writ petitions Prayer in W.P. No. 40400 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned Order in R.P. No. 119 of 2015 passed by the 1st respondent dated 06.11.2015, conforming the order passed by the 4th respondent in M.P. No. 7 of 2015 dated 25.06.2015 and quash the same.

Prayer in W.P. No. 40401 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned Order in R.P. No. 116 of 2015 passed by the 1st respondent dated 06.11.2015, conforming the order passed by the 4th respondent in M.P. No. 3 of 2015 dated 25.06.2015 and quash the same.

Prayer in W.P. No. 40402 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned

Order in R.P. No. 118 of 2015 passed by the 1st respondent dated 06.11.2015, conforming the order passed by the 4th respondent in M.P. No. 6 of 2015 dated 25.06.2015 and quash the same.

Prayer in W.P. No. 40403 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned Order in R.P. No. 117 of 2015 passed by the 1st respondent dated 06.11.2015, conforming the order passed by the 4th respondent in M.P. No. 5 of 2015 dated 25.06.2015 and quash the same.

Prayer in W.P. No. 40404 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned Order in R.P. No. 120 of 2015 passed by the 1st respondent dated 06.11.2015, conforming the order passed by the 4th respondent in M.P. No. 8 of 2015 dated 25.06.2015 and quash the same.

Prayer in W.P. No. 40405 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned Order in R.P. No. 121 of 2015 passed by the 1st respondent dated 06.11.2015, conforming the order passed by the 4th respondent in M.P. No. 4 of 2015 dated 25.06.2015 and quash the same.

For Petitioners in all writ petitions: S.Selvaraj For Respondents in all writ petitions: Mr.K.V.Dhanapalan, Addl. Government Pleader COMMON ORDER As the issues involved in all the writ petitions are one and the same, they have been taken up and disposed of by a common order.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader for the respondents.

3. Considering the above, as the petitioners have got an alternative remedy under Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, this Court is not inclined to exercise its discretion. Accordingly, the writ petitions are disposed of granting liberty to the petitioners to work out suitable remedy before the Government. The petitioners are granted four weeks time for filing Revision, from the date of receipt of copy of this order. There shall be an order of status quo to be maintained as on today, till filing of the Revision. The Registry is directed to return the original impugned orders to the petitioners. As and when the

above appeals are filed by the petitioners, the Government is expected to consider and pass appropriate final orders on the same within a period of three months from the date on which the appeal is taken on file.

4. With the above directions, the writ petitions are disposed of. Consequently connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rms

To

1. The Commissioner, HR & CE Administration Department, Nungambakkam, Chennai.

2. The Assistant Commissioner/Executive Officer, A/M Jambukeswarar Ahilandewari Thirukoil, Thiruvanakkaval, Trichy.

3. The Assistant Commissioner, HR & CE, Trichy.

4. The Joint Commissioner, HR & CE, Trichy.

5. The Secretary to Government, Tourism and Culture Department Fort St. George, Chennai.

+ 6 ccs to S. Selvaraj, Advocate SR.69410, 69406, 69411, 69407, 69408, 69409 +1cc to Government Pleader Sr. 69425 [12.2.2016] W.P.40400 to 40405 of 2015 EU 23.12.15