B.Pitchumani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 33324 of 2023 B.Pitchumani ... Petitioner -vs1. The Commissioner, HR & CE Department, 19-Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. Assistant Commissioner, HR & CE, Kanchipuram, Collectorate Complex, Kanchipuram - 631 501.

3. N.S.Alavanthar

4. PTRK. Vijaya Rajan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus to call for the impugned orders proceedings of the First Respondent in C. No. 15671/2022/S2 dated 15.12.2022 appointing Mr. N.S.Alavanthar the Third Respondent herein as Temporary Custodian of the Mutt and consequently reappointing 5 members as advisory body, through proceedings C. No. 15671/2022/S2- dated 20.12.2022, by the First Respondent and quash the same and direct the First Respondent to call for meeting among the disciples of the Mutt to elect 234th 1/5

Madadhipathi for the Kanchipuram Arulmigu Gnana Prakasa Desika Swamigal Mutt.

For Petitioner : Mr. J.Nandagopal For Respondents : Mr. N.R.R.Arun Natarajan, Special Government Pleader (for R1 & R2) Mr. K.R.Ramesh Kumar (for R4) Not Ready in Notice (for R3)

O R D E R

Heard Mr. J.Nandagopal, Learned Counsel for the Petitioner, Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader appearing for the First and Second Respondents and Mr. K.R.Ramesh Kumar, Learned Counsel for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition challenges the Order in Se. Mu. Na. Ka. No. 15671/ 2022/S2 dated 15.12.2022 passed by the Third Respondent appointing the Third Respondent as Temporary Custodian of the Mutt and consequently re-appointing 5 members as advisory body through Proceedings in C. No. 15671/2022/S2- dated 20.12.2022 issued by the First Respondent and to consequently direct the First Respondent to call for meeting among the 2/5

disciples of the Mutt to elect 234th Madadhipathi for the Kanchipuram Arulmigu Gnana Prakasa Desika Swamigal Mutt.

3.

It has been brought to notice that the Custodian of Sri Gnanaprakasa Desiga Swamigal Mutt, Kanchipuram by letter dated 04.02.2024 informed the Second Respondent that one S.Nagarajan Mudaliar has been appointed as the 234th Madadhipathi of Arulmigu Gnanaprakasa Desika Swamigal Mutt, Kanchipuram.

4.

In view of the aforesaid action taken, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law. In fine, the Writ Petition is disposed on the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs. 14.02.2024 Index: Yes/No NCC: Yes/No kv Note: Issue order copy by 23.04.2024.

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To

1. The Commissioner, HR & CE Department, 19-Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, HR & CE, Kanchipuram, Collectorate Complex, Kanchipuram - 631 501.

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P.D. AUDIKESAVALU, J.

kv 14.02.2024 5/5