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Madras High CourtWP/32157/2023disposed of

M/S.Sivanadiyar Charitable Trust, v. The Commissioner

2023-11-16Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 31750, 31751 and 31753 of 2023 M/s. Sivanadiyar Charitable Trust, Arulmigu Someshwarar Alayam, Rep. by its Secretary, Mr. Ramasamy, Paparapatti, Penagram Taluk, ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowment Department, Mahatma Gandhi Salai, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dharmapuri.

4. The Executive Officer, Arulmighu Muniappasamy Thirukoil, P.Agraharam, Pennagaram Taluk, ... Respondents 1/4

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the record of impugned proceedings in Na. Ka. No. 1154/2023-24/A3 dated 22.02.2023 on the file of the Third Respondent and quash the same and directing the Second Respondent to dispose of the application filed under Section 64 of the HR & CE Act to frame the scheme to incorporate the members of the Petitioner Trust as the Board of Trustee for the proper management and administration of the Arulmighu Someshwaran Temple, Papparapatti Village, Pennagaram Taluk, For Petitioner :

Mr. R.Rajarajan For Respondents :

Mr. K.Karthikeyan, Government Advocate

O R D E R

Heard Mr. R.Rajarajan, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Government Advocate appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner has on 06.11.2023 filed this Writ Petition challenging the notification in Na.Ka.No.1154/2023-24/A3 dated 22.02.2023 calling for applications for appointment of Trustees to Arulmigu Someshwarar Alayam Temple, Paparapatti, Pennagaram Taluk, Dharmapuri District. 2/4

3.

Learned Government Advocate appearing for the Respondents, on instructions, states that even before filing of the Writ Petition, the appointment of the trustees of the Temple has been made in his proceedings Na.Ka.No.3837/2023/A3 dated 27.04.2023 and its copy has been produced. 4.

In such circumstances, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner if he still has any further grievances from working out remedies before proper forum in the manner recognized by law.

In the result, the Writ Petition is disposed on the aforesaid observations. Consequently, connected Miscellaneous Petitions are closed. No costs. 16.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 31.01.2024.

Maya 3/4

P.D. AUDIKESAVALU, J.

Maya To

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Mahatma Gandhi Salai, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dharmapuri.

4. The Executive Officer, Arulmighu Muniappasamy Thirukoil, P.Agraharam, Pennagaram Taluk, 16.11.2023 4/4