A.Sundararaj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.16948 of 2017 & WMP.Nos.18848 & 33674 of 2017 & 17560 of 2018 A.Sundararaj ..Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department Nungambakkam High Road, Chennai-600 034.

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

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of Certiorarified Mandamus calling for the records in respect of the Order No.Se.Mu.Na.Ka.En.1638/2017/Aa1 dated 21.04.2017 issued by the 2nd respondent, quash the same and direct the respondents to appoint the petitioner as a Managing Hereditary Trustee of the Pudupet Arulmigu Sri Basaveswara Temple Trust to administer the said Trust as he is the next in line of succession.

For Petitioner : Mr.G.Thyagarajan For Respondents : Mr.M.Maharaja, Spl. Govt. Pleader

O R D E R

Heard Mr.G.Thyagarajan, learned counsel for the petitioner, Mr.M.Maharaja, learned Special Government Pleader for the respondents and perused the materials available on record.

2.This writ petition has been filed to quash the order of the second respondent/Joint Commissioner, Hindu Religious and Charitable Endowment Department, Vellore. https://hcservices.ecourts.gov.in/hcservices/

3.It is an admitted fact that as against the order impugned order in this writ petition, an appeal lies before the Commissioner (H.R. & C.E.,)/first respondent herein. Hence, this writ petition is dismissed by giving liberty to the petitioner to file appeal before the first respondent within a period of two weeks. On appeal being filed by the petitioner, the first respondent shall dispose of the appeal on merits and in accordance with law.

4.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kal To 1.The Commissioner, Hindu Religious and Charitable Endowment Department Nungambakkam High Road, Chennai-600 034.

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

+1cc to Mr.G.Thyagarajan , Advocate SR.No. 72587 W.P.No.16948 of 2017 & WMP.Nos.18848 & 33674 of 2017 & 17560 of 2018 A.SK(28/08/2019) https://hcservices.ecourts.gov.in/hcservices/