Mailaadumalai Arulmigu Sree Sakthivel v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 32018 and 32020 of 2023 Mailaadumalai Arulmigu Sree Sakthivel Murugan Arakattalai vide Register No. 2/2017, Rep. by its President Mr. M.Kannappan, No. 3/58, Mailadumalai Village, Melmanguppam Post, Katpadi, Vellore - 632 203.

... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai - 600 034.

2. The Inspector, Hindu Religious and Charitable Endowments, Arulmigu Sriman Narayanamoorthi Thirukoil Campus, Gopalapuram, Katpadi Taluk, Vellore - 632 006.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records of the impugned public notice dated 25.10.2023 issued by the Second Respondent and quash the same.

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For Petitioner :

Mr. J.Kannan For Respondents :

Mr. K.Karthikeyan, Government Advocate

O R D E R

Heard Mr. J.Kannan, 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, which is a trust, has challenged the public notice dated 25.10.2023 said to have been affixed at the premises of the Temple calling for objections, if any, for appointment of 'Fit Person' in the place of the Trustees in that Trust. It is rightly pointed out by Learned Counsel for the Petitioner that though the impugned order is the nature of show cause notice, no reason has been disclosed for the proposal to appoint a 'Fit Person' in the place of the Trustees of the Trust of the Petitioner, and as such, Petitioner would not be in a position to effectively submit its objections in that regard. 3.

In view of the same, Thiru. M. Sivarama Krishnan, Division Inspector, Kadpadi, who is holding the office of the Second Respondent is present in 2/4

Court today undertakes to withdraw the impugned order reserving the right of the Respondents to initiate fresh proceedings for appointment of 'Fit Person' by issuing show cause notice with reasons for such proposal and he has made an endorsement to that effect in the court record. 4.

In such circumstances, the Writ Petition is disposed with the aforesaid clarification. Consequently, the connected Miscellaneous Petitions are closed. No costs.

17.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 14.02.2024.

Maya To

1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai - 600 034.

2. The Inspector, Hindu Religious and Charitable Endowments, Arulmigu Sriman Narayanamoorthi Thirukoil Campus, Gopalapuram, Katpadi Taluk, Vellore - 632 006.

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P.D. AUDIKESAVALU, J.

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