Shri.R.V.Rajagopalan v. Hindu Religious And Charitable Endowments

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 24345 of 2019 and W.M.P. No. 24097 of 2019

1. R.V. Rajagopalan

2. Ramesh Gopalan

...Petitioners

.Vs.

1. The Hindu Religious & Charitable Endowments (HR & CE) Department, Rep. by its Commissioner, Government of Tamil Nadu, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034, Tamil Nadu.

2. Srirangam Srimad Andavan Ashram (SSAA) (through Shri Varaha Mahadeshikana.k.a Yamunachariar) Melur Road, Srirangam, Trichy - 620 006, Tamil Nadu.

3. National Executive Committee, (through Shri R R Rajagopal, Chairman) Srirangam Srimad Andavan Ashram (SSAA) Old No. 21, New No. 31, Deshika Street, Mylapore, Chennai - 600 004, Tamil Nadu.

4. Will Execution Committee, (through Shri R R Rajagopal, Chairman) S/o. Late Shri. G.S. Rajan, 82/76, Dr.Ranga Road, Mylapore, Chennai - 600 004, Tamil Nadu.

5. Shri Varaha Mahadeshikana.k.a Yaunachariar, Melur Road, Srirangam, Trichy - 620 006, Tamil Nadu.

..

Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the First Respondent to pass orders on the representation of the Petitioner dated 10.12.2018 requesting an inquiry into the illegal appointment of the Twelth pontiff by the National Executive Committee, and requesting for auditing all the properties/assets (moveable and immoveable) of Srirangam Srimad Andavan Ashram, within a reasonable time.

For Petitioners : Mr. Ramesh Ganapathy For Respondents : Mr. M. Maharaja (For R1) Special Government Pleader (HR & CE)

O R D E R

When it is pointed out by the Learned Special Government Pleader appearing for the First Respondent that under Sections 59 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the Petitioner has a statutory remedy to institute suit for the relief sought in the Writ Petition, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded. 2.Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is also closed. No costs.

maya Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Hindu Religious & Charitable Endowments (HR & CE) Department, Rep. by its Commissioner, Government of Tamil Nadu, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034, Tamil Nadu.

2. Srirangam Srimad Andavan Ashram (SSAA) (through Shri Varaha Mahadeshikana.k.a Yamunachariar) Melur Road, Srirangam, Trichy - 620 006, Tamil Nadu.

3. Shri Varaha Mahadeshikana.k.a Yaunachariar, Melur Road, Srirangam, Trichy - 620 006, Tamil Nadu.

+1cc to the Special Govt.Pleader, (HR &CE) Vide Sr.No.71605/19 W.P. No. 24345 of 2019 and W.M.P. No. 24097 of 2019 Kak(13/09/2019)