Mrs.Vijaya Samundeeswari v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 23242 of 2019 and W.M.P. No. 22932 of 2019 Mrs. Vijaya Samundeeswari
...Petitioner
Vs.
1. The Secretary to Government, Tourism, Culture and Endowment Department, Fort St. George, Chennai.
2. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram.
4. The Assistant Commissioner/ Executive Officer, Arulmighu Angalamman Thirukoil, Melmalayanur, Villupuram District.
5. Arulmighu Angalamman Thirukoil, Rep. by its Board of Trustees, Melmalayanur, Villupuram District.
...Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, declaring the order of the Third Respondent dated 24.05.2019 made in O.A. No. 3/2012 as null and void and ultra virus of the Constitution of India and direct the Third Respondent to permit all women of the 7 Kothus to vote in the Board of Trustee election of Arulmighu Angalammal Temple, Melmalayanur.
For Petitioner : Mr. V. Manisekaran For Respondents : Mr. M. Maharaja Special Government Pleader (HR & CE)
O R D E R
When it is pointed out by Mr. M. Maharaja, Learned Special Government Pleader, who takes notice to the Respondents, that the Petitioner has got an effective alternative remedy for seeking the relief claimed in this Writ Petition by making an application under Section 64(5) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to modify the scheme for the administration of the Temple of the Fifth Respondent, which is in force, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and has made an endorsement to that effect, which is recorded. 2.
Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. The time spent by the Petitioner in prosecuting this Writ Petition from the date of its filing (01.08.2019) till the date of receipt of copy of this order, shall stand excluded while calculating the period of limitation for making application before the competent authority. It is needless to add here that if such an application is made and is otherwise in order, the competent authority after affording full opportunity of hearing to the parties concerned in consonance with the principles of natural justice and the prescribed procedure shall consider the each of the contentions raised by them in such application and pass a reasoned order on merits in accordance with law and communicate the decision taken to them.
Consequently, connected Miscellaneous Petition is also closed. No costs. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar maya To
1. The Secretary to Government, Tourism, Culture and Endowment Department, Fort St. George, Chennai.
2. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram.
4. The Assistant Commissioner/ Executive Officer, Arulmighu Angalamman Thirukoil, Melmalayanur, Villupuram District.
+1 CC to Mr.V.Manisekaran, Advocate sr 68600. +1 CC to Govt. Pleader sr 68712.
W.P. No. 23242 of 2019 NR(CO) SP(19/08/2019)