Madras High CourtWP/22901/2017disposed of

Mr.A.V.Narayanan, v. The Commissioner

2018-10-09Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.22901 of 2017 A.V.Narayanan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dr.Balasundaram Salai, Coimbatore 641 018.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Ex.serviceman Buildings, 2nd Floor, Erode. ... Respondents Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to implement his order dated 13.04.2017 and 09.06.2017 respectively, passed in consequent to the order of this Court dated 03.02.2017 in its true letter and spirit.

For Petitioner : Mrs.V.S.Usha Rani For Respondents : Mr.M.Maharaja, SGP

O R D E R

This writ petition has been filed by the petitioner, seeking a direction to the respondent to implement his orders dated 13.04.2017 and 09.06.2017 consequent to the order of this Court dated 03.02.2017.

2. According to the petitioner, he submitted a representation dated 10.12.2016 to the respondents, requesting to regulate the management of a temple viz., Marathaiyan Thirukoil at Maathur Village, Anthiyur Taluk and Erode District. Since the said representation was not considered, he filed WP.No.2642 of 2017, which was disposed of by this Court, vide order dated 03.02.2017, directing the respondents to consider the claim of the petitioner. Pursuant to the said order, the respondents passed an order on 13.04.2017, appointing the Executive Officer of Arulmighu Chelleeswarar Temple as fit person to the temple in question and directing the administrators of the said temple to handover the charges to the fit person. They also issued a reminder dated 09.06.2017 to the administrators in this regard. However, the administrators of the said temple is yet to hand over the charges to the fit person and they are attempting to sell the properties belonging to the said temple. Hence, this writ petition.

3.Today, when the matter is taken up for consideration, the learned Special Government Pleader (HR&CE) appearing for the respondents, on instructions, submitted that the fit person has taken over the charge of the temple in question and has been looking after the administration and day today activities of the same and hence, the relief sought in this writ petition has become infructuous. The submission so made by the respondent's counsel has not been refuted by the learned counsel for the petitioner.

4.In such view, recording the submissions so made by the learned counsel on either side, this writ petition stands closed. No costs.

09.10.2018 Index:Yes/No rk To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dr.Balasundaram Salai, Coimbatore 641 018.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Ex.serviceman Buildings, 2nd Floor, Erode.

R.MAHADEVAN, J.

Writ Petition No.22901 of 2017 Dated: 09.10.2018