Arulmigu Mariamman Temple v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.12.2019

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.34161 of 2019 Arulmigu Mariamman Temple, Represented by its Chairman of Hereditary Trustee Mr.C.R.Thirupathi Gounder .. Petitioner ..Vs..

1.The Commissioner, Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Department of Hindu Religious & Charitable Endowment, Salem - 636 001.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the impugned order passed by the 2nd respondent in Na.Ka.No.13385/2018/Aa4 dated 11.11.2019 and to quash the same. For Petitioner : Mr.G.Samivel For Respondents : Mr.M.Maharaja, Special Government Pleader, (HR & CE).

O R D E R

This Writ Petition has been filed challenging the order dated 11.11.2019 in Na.Ka.No.13385/2018/Aa4 passed by the Joint Commissioner, HR & CE., Department, Salem.

2. As a matter of fact, a reading of the said order reveals that the Joint Commissioner, HR & CE., Department, Salem, had forwarded the entire records to the Commissioner, HR & CE., Chennai, for further clarification and after getting instructions from the Commissioner, a final order shall be passed.

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3. It is represented by Mr.M.Maharaja, learned Special Government Pleader, (HR & CE.,) who has taken notice for the respondents, that the Commissioner has remanded the matter back to the Joint Commissioner and the Joint Commissioner by an order dated 03.12.2019 in Na.Ka.No.13385/2018/M4 has passed a detailed order. It is stated that a copy of that order had been communicated to the writ petitioner through Registered Post.

4. It would only be advisable for the writ petitioner to challenge the said order dated 03.12.2019 in Na.Ka.No.13385/2018/M4. The present petition does not survives and it is accordingly dismissed with liberty to file fresh writ petition, if it is deemed necessary for the petitioner to challenge the order dated 03.12.2019. No costs. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar smv To 1.The Commissioner, Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Department of Hindu Religious & Charitable Endowment, Salem - 636 001.

+1cc to Government Pleader, SR.No.102980.

W.P.No.34161 of 2019 GMR(CO) CSR: 07/01/2020 https://hcservices.ecourts.gov.in/hcservices/