K. Chelladurai Servai, v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021

CORAM

THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD)No.8154 of 2012 and W.M.P.(MD)Nos.2 to 4 of 2012 1.K.Chelladurai Servai 2.P.Lakshminana Chettiar 3.A.Bharathi Chettiar 4.M.Vellaichamy Ambalam 5.P.Manickam ... Petitioners Vs.

1.The Secretary to Government, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai.

2.The Commissioner, Hindu Religious and Charitable Endowment, Chennai - 34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment, Sivagangai.

4.The Executive Officer, Arulmigu Muthumariamman Thirukoil, Kotoor, Periyakarai Post, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order vide Na.Ka.No.14472/2012/A2 dated 12.04.2012 passed by the 2nd respondent read with impugned notice bearing Na.Ka.No.1281/2012/Aa1 dated 07.05.2012 passed by the 3rd respondent and quash the same and consequently direct the 2nd respondent to approve the petitioners as trustees of Arulmigu Muthumariamman Temple, Kotoor, Periyakarai Post, Devakottai Taluk, Sivagangai District.

For Petitioner : Mr.S.Anwar Sameem For Respondents : Mr.M.Lingadurai, Special Govt. Pleader for R1 to R3 No appearance for R4 1/8

O R D E R

Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 09.11.2021, which is as follows:

'Mr.S.Anwar Sameem, learned counsel for the five writ petitioners, Mr.M.Lingadurai, Government Advocate (civil side) on behalf of respondents 1 to 3 and Mr.Veeravel Pandian, learned counsel representing Mr.Gunaseelan Muthiah, counsel for fourth respondent (Executive Officer) are before this Court.

2. Learned counsel for writ petitioners requests for an adjournment citing difficulty at his end. Likewise, learned counsel for fourth respondent also requests for an adjournment citing difficulty for the arguing counsel.

3. Owing to the requests of writ petitioner's counsel and counsel for fourth respondent, this matter is adjourned.

4. List three weeks hence.

5. List on 30.11.2021.'

2. Mr.S.Anwar Sameem, learned counsel for writ petitioners 2 to 5 (to be noted, this Court is informed that first writ petitioner is no more) and Mr.M.Lingadurai, learned Special Government Pleader on behalf of respondents 1 to 3 are before this Court. Fourth respondent Executive Officer of the temple concerned has entered appearance through a learned private counsel (Mr.J Gunaseelan Muthiah) his name is shown in the cause list but there is no representation.

3. Be that as it may, captioned writ petition pertains to appointment of trustees qua a public temple viz., 'Arulmigu Muthumariamman Temple, situate in Kotoor, Periyakarai Post, Devakottai Taluk, Sivagangai District' (hereinafter 'said temple' for the sake of convenience and clarity).

4. Learned State Counsel submits that pending writ petition trustees were appointed vide G.O.Ms.No.78 Tourism, Culture and Religious Endowments Department dated 19.07.2018, they elected Trust Board Chairman from amongst themselves and two years therefrom also had elapsed meaning the tenure of the trustees has also elapsed. Learned State Counsel submits that thereafter further notification dated 22.10.2020 bearing reference Na.Ka.No.4160/2020/Aa1 has also been issued regarding appointment of trustees afresh.

5. Scanned reproduction of G.O.Ms.No.78 Tourism, Culture and Religious Endowments Department dated 19.07.2018 and the notification dated 22.10.2020 bearing reference Na.Ka.No.4160/2020/Aa1 are as follows:

2/8

3/8

4/8

5/8

6/8

7/8

6. The above draws the curtains on the captioned matter as trustees have since been appointed and their tenure has also elapsed. Recording the aforementioned stated position, the captioned writ petition is disposed of as closed. Though obvious it is made clear that this Court has not expressed any view or opinion on the merits of the matter in this order. Consequently, connected captioned miscellaneous petitions are also disposed of as closed. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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 Secretary to Government, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai.

2.The Commissioner, Hindu Religious and Charitable Endowment, Chennai - 34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment, Sivagangai.

+1 CC to M/s.spl.GP ( SR-36715[F] dated 1/12/2021 ) W.P(MD)No.8154 of 2012 30.11.2021 RD(20.12.2021) 8P 5C 8/8