The Leigh Bazaar Merchants Association Ltd., v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28347 of 2019 and WMP.Nos.28017, 28018, 29779 & 29780 of 2019 The Leigh Bazar Merchants Association Ltd., Rep. by its President P.Thirumurugan ..Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Arulmighu Kottai Mariamman Koil, Fort, Salem-1.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Arulmighu Kottai Mariamman Koil, Fort, Salem-1.

3. The Executive Officer, Hindu Religious and Charitable Endowment (Admn) Department, Arulmighu Kottai Mariamman Koil, Fort, Salem-1.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the order of the third respondent dated 23.09.2019 with reference to Arulmighu Kaliamman Kovil, Santhaipettai, Sevvaipettai, Salem and quash the same and consequently forbearing the respondents their men and agents from in any manner interfering with the administration of the Arulmighu Kaliamman Kovil, Santhaipettai, Sevvaipettai, Salem by the petitioners association and taking over the control and possession of the shops belonging to the petitioner association without following due process of law. For Petitioner : Mr.Muthumani Doraisami For Respondents : Mr.N.R.R.Arun Natarajan for R1 & R2 Special Government Pleader Mr.K.Ashok Kumar, for R3

O R D E R

This Writ Petition is filed challenging the notice issued by the third respondent assuming the charge of the temple and order passed by the third respondent requesting him to hand over the charge of the administration of Arulmighu Kottai Mariamman Kovil, to the fit person. 2/5

2. The learned counsel for the petitioner submitted that the impugned order was challenged by the petitioner mainly on the ground that the review application filed by the petitioner against the order passed in C.A.No.3963 of 2009 was pending at the relevant point of time. Now, the review application has been dismissed by the Hon'ble Supreme Court. Therefore, the prayer sought for by the petitioner has become infructuous.

3. Recording the said statement made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. 04.11.2024 (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Arulmighu Kottai Mariamman Koil, Fort, Salem-1.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Arulmighu Kottai Mariamman Koil, Fort, Salem-1.

3. The Executive Officer, Hindu Religious and Charitable Endowment (Admn) Department, Arulmighu Kottai Mariamman Koil, Fort, Salem-1.

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S.SOUNTHAR , J.

dna W.P No.28347 of 2019 and WMP.Nos.28017, 28018, 29779 & 29780 of 2019 (2/2) 04.11.2024 5/5