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Madras High CourtWP/12254/2004disposed of

A.Srinivasan v. Commissioner

2017-07-17Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.12254 of 2004 and W.P.M.P.No.14322/2004 A.Srinivasan, President, Sri Dharapuram Madhva Samuga Seva Sangam, Dharapuram & Chairman Board of Trustee, of Kadu Hanumantharaya Temple, Dharapuram, Erode District.

.. Petitioner Vs.

1) The Commissioner, HR & CE Admn., Department, Chennai 34

2) The Inspector, HR & CE Admin., Department, Dharapuram.

.. Respondents 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 1st respondent in Se.Mu.Na.Ka.No.19244/2004 A2 dated 02.04.2004 and quash the same.

For Petitioner : Mr.W.C.Thiruvengadam For Respondents: Mr.M.Maharaja, Special Government Prosecutor

ORDER

The petitioner has come forward challenging the impugned order passed by the first respondent in Se.Mu.Na.Ka.No.19244/2004 A2 dated 02.04.2004, seeking to quash the same.

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2. Learned counsel for the petitioner submitted that the petitioner is having grievance with regard to the appointment of Trustee and he would be satisfied if any other person is appointed as Trustee in order to manage the affairs of the Temple. Without going into various other contentions raised in the writ petition, Mr.Maharaj, learned Special Government Prosecutor appearing for the respondents/HR & CE submitted that a similar relief was sought for in W.P.No.24079 of 2014 and pursuant to the order of this Court, some of the members of the Sangam for which learned counsel Mr.W.C.Thiruvengadam is appearing, have been appointed as Trustees and took charge of the affairs of the Trust.

3. It is further stated by the learned Special Government Pleader that the person who is appointed as a Trustee, should be in pursuant to the scheme of appointment, which should be followed by the members of the Madha community and also on the basis of Clause - 4 of the statutory scheme in O.A.No. 147 of 1976 dated 15.09.1976. This submission is also recorded.

4. Recording the above submissions of the learned Special Government Pleader, the writ petition is disposed of. Consequently, connected W.P.M.P.No.14322/2004 is closed. No costs.

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

1) The Commissioner, HR & CE Admn., Department, Chennai 34

2) The Inspector, HR & CE Admin., Department, Dharapuram.

+1 cc to M/s.W.C.Thiruvengadam Advocate sr 49781 +1 cc to the Government Pleader sr 50966 W.P.No.12254 of 2004 cp(co) aa15/09/2017 https://hcservices.ecourts.gov.in/hcservices/