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Madras High CourtWP/36842/2016closed

S.Yuvarajan v. The Secretary To Government

2017-09-01Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.Nos.36842 to 36844 of 2016 & W.M.P.Nos.31661 to 31663 of 2016 1.S.Yuvarajan 2.M.Meenakshi Sundari 3.P.Kalaiselvan ... Petitioners in W.P.No.36842/2016 1.S.Sivakumar 2.S.Ranganathan 3.P.Devaraj ... Petitioners in W.P.No.36843/2016 1.S.Thulasimani 2.M.R.Ramalingam 3.K.N.Velusamy 4.T.Thangavel 5.K.N.Kandasamy ... Petitioners in W.P.No.36844/2016 Vs.

1.The Secretary to Government, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai-600 009.

2.The Joint Commissioner, O/o Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore-641 018.

... Respondents in all W.Ps Writ Petition in W.P.No.36842 of 2016 filed under Article 226 of the Constitution of India praying for the issuance of writ of certiorarified mandamus to call for the records of the impugned order passed in Na.Ka.No.4023/2016/B3 dated 30.08.2016 by the second respondent, quash the same and consequently, direct the first respondent to publish the scheme settled in O.A.No.176 of 1976 dated 05.10.1977 by the second respondent in a time bound manner and appoint the petitioners as non hereditary trustees in terms of the said scheme.

Writ Petition in W.P.No.36843 of 2016 filed under Article 226 of the Constitution of India praying for the issuance of writ of certiorarified mandamus to call for the records of the impugned order passed in Na.Ka.No.12399/2015/B3 dated 30.08.2016 by the second respondent, quash the same and consequently, direct the first respondent to publish the scheme settled in O.A.No.47 of 2009 dated 30.01.2013 by the second respondent in a time bound manner and appoint the petitioners as non hereditary trustees in terms of the said scheme.

Writ Petition in W.P.No.36844 of 2016 filed under Article 226 of the Constitution of India praying for the issuance of writ of certiorarified mandamus to call for the records of the impugned order passed in Na.Ka.No.4019/2016/B3 dated 30.08.2016 by the second respondent, quash the same and consequently, appoint the petitioners as non hereditary trustees in terms of the said scheme.

For Petitioners : Mrs.V.S.Usha Rani in all W.Ps.

For Respondents : Mr.M.Maharaja, in all W.Ps.

Special Government Pleader for H.R. & C.E., COMMON ORDER By consent, the main writ petitions themselves are taken up for final disposal.

2. The petitioners have filed the above writ petitions to issue writs of certiorarified mandamus to call for the records of the impugned orders dated 30.08.2016 passed by the second respondent and quash the same and consequently, direct the first respondent to publish the schemes settled in O.A.No.176 of 1976 dated 05.10.1977 (W.P.No.36842 of 2016) and O.A.No.47 of 2009 dated 30.01.2013 (W.P.No.36843 of 2016) by the second respondent within the time frame and appoint the petitioners as non hereditary trustees in terms of the said scheme.

3. When the matter is taken up for hearing, Mr.M.Maharaja, learned Special Government Pleader, submitted that the applications given by the petitioners for appointing them as non hereditary trustees in terms of the Schemes are in progress and therefore, the

submission made by him may be recorded and the writ petitions may be closed.

4. Mrs.V.S.Usha Rani, learned counsel appearing for the petitioners, would submit that the writ petitions may be closed recording the submission made by the learned Special Government Pleader.

5. In view of the submission made by the learned Special Government Pleader that the second respondentJoint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore-641 018, is processing the applications of the petitioner for appointing them as non hereditary trustees, the writ petitions are closed. The second respondent is directed to pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar raa To 1.The Secretary to Government, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai-600 009.

2.The Joint Commissioner, O/o Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore-641 018.

+2cc to Mr.V.S.Usha Rani, Advocate sr.63519,63518 +1cc to Mr.V.S.Usha Rani, Advocate sr.63520(22/9/2017) W.P.Nos.36842 to 36844 of 2016 ss(21/9/2017)