Madras High CourtWP(MD)/10952/2011allowed

G. Haridas v. Assistant Commissioner

2020-09-09Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.10952 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10952 of 2011 and M.P.(MD)No.1 of 2011 G.Haridas ... Petitioner Vs.

1.The Assistant Commissioner, Hindu Religious Charitable and Endowment Department, 28/29, Pandian Nagar, Dindigul-624 001.

2.The Executive Officer, Arul Migu Gopinathasamy Tirukoil, Reddiarchathiram-624 622.

Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the proceedings No.511/2011.A2, dated 03.09.2011 on the file of the first respondent herein and to quash the same. For Petitioner : Mr.N.Ananthi For R1 : Mr.R.Murugaraj, Government Advocate.

For R2 : Mr.S.Manohar

ORDER

Heard the learned counsel appearing on either side. 2.The petitioner challenges the impugned order dated 03.09.2011 whereby Fit Person has been appointed in the petition mentioned Temple.

3.It is seen from the records that the incumbent trustees were not put on notice before passing the impugned order. Therefore, on that sole ground the order impugned is quashed and the matter is https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10952 of 2011 remitted back to the file of the first respondent to pass orders afresh, on merits and in accordance with law. I make it clear that I have not gone into the merits of the case.

4.The writ petition stands allowed, accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Assistant Commissioner, Hindu Religious Charitable and Endowment Department, 28/29, Pandian Nagar, Dindigul-624 001.

2.The Executive Officer, Arul Migu Gopinathasamy Tirukoil, Reddiarchathiram-624 622.

Dindigul District.

+1 CC to M/s.S. MANOHAR, Advocate ( SR-16536[F] dated 10/09/2020 ) +1 CC to M/s.GP ( SR-16630[F] dated 11/09/2020 ) W.P.(MD)No.10952 of 2011 09.09.2020 SCR(CO) TR(18.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2