Arulmigu Mariamman Temple v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.11.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.27863 of 2018 and WMP No.32393 of 2018 Arulmigu Mariamman Temple Represented by its Chairman of Hereditary Trustee, Mr.C.R.Thirupathi Gounder, S/o. Chinnapaiyan @ Ramasamy Avadhanapatti Post, Agraharam Post, Krishnagiri Taluk & District. .. Petitioner Vs.

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

2. The Joint Commissioner, HR & CE Department, Salem.

3. The Assistant Commissioner, HR & CE Department, Dharmapuri.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 and 2 to appointing the Executive Officer to Arulmigu Mariamman Temple, Avadhanapatti, Krishnagiri Taluk and District.

For Petitioner : Mr.C.Samivel For Respondents : Mr.M.Maharaja, Special Govt. Pleader (HR & CE)

O R D E R

The Writ Petition is filed for forbearing respondents 1 and 2 from appointing the Executive Officer to Arulmigu Mariamman Temple, Avadhanapatti, Krishnagiri Taluk.

2. Heard Mr.C.Samivel, learned counsel appearing for the petitioner and MR.M.Maharaja, learned Special Government Pleader appearing for the respondents.

3. Today, the petitioner has filed an additional typed set of papers, from which, it is seen that on 03.10.2018, vide proceeding in Na.Ka.No.5084/2009/A2, the Joint Commissioner of Hindu Religious and Charitable Endowment Department has appointed one Mr.G.Amuthasurabi, as the Executive Officer of Arulmigu Mariamman Temple. The fit person of the temple was also informed of the same. Therefore, the prayer made in the Writ Petition has been become infructuous. It is open to the petitioner to challenge the above said order if he is so adviced.

4. Accordingly, the writ petition is dismissed as infructuous. No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar jv To

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

2. The Joint Commissioner, HR & CE Department, Salem.

3. The Assistant Commissioner, HR & CE Department, Dharmapuri.

+1cc to Mr.C.Samivel, Advocate SR.No.79732 +1cc to Government Pleader SR.No.80105 W.P.No.27863 of 2018 and WMP No.32393 of 2018 CNR(CO) GMY(24/12/2018)