Arulmigu Kuthalanathaswamy Thirukoil, v. Paramasivan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) Nos.962 & 963 of 2024 W.A.(MD) No.104 of 2024:

Arulmigu Kuthalanathaswamy Thirukoil rep.by its Executive Officer Courtallam, Tenkasi District ... Appellant -vs1.Paramaisvam 2.The Commissioner Charitable Endowments Department Nungambakkam, Chennai-600 034 3.The Joint Commissioner Charitable Endowments Department Tirunelveli ... Respondents

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 07.09.2023, passed in W.P.(MD) No.6015 of 2020, on the file of this Court.

For Appellant Mr.S.Manohar For Respondents Mr.S.P.Maharajan Special Government Pleader for R2 & R3 W.A.(MD) No.105 of 2024:

Arulmigu Kuthalanathaswamy Thirukoil rep.by its Executive Officer Courtallam, Tenkasi District ... Appellant -vs1.S.Kuthalingam 2.The Commissioner Charitable Endowments Department Nungambakkam, Chennai-600 034 3.The Joint Commissioner Charitable Endowments Department Tirunelveli ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 07.09.2023, passed in W.P.(MD) No.6022 of 2020, on the file of this Court.

For Appellant Mr.S.Manohar For Respondents Mr.S.P.Maharajan Special Government Pleader for R2 & R3 C O M M O N J U D G M E N T [Judgment of the Court was made by D.KRISHNAKUMAR, J.] These writ appeals are directed against the common order of the learned Single Judge, dated 07.09.2023, passed in W.P.(MD) Nos.6015 & 6022 of 2020.

2. Learned counsel appearing for the appellant - Temple submitted that the respondents / writ petitioners have not paid the entire default amount i.e.Rs.1,94,550/- each in three instalments and therefore, they have not complied with the orders passed by the Writ Court.

3. In view of the non-compliance of the orders passed by the Writ Court, we are not inclined to go into the merits of the matter. The appellant - Temple and the respondents 2 & 3 shall take further action in accordance with law for taking over the subject property. It is left open to the appellant - Temple to reopen the matter, if any necessity arises.

4. Accordingly, the writ appeals are closed. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] [R.V., J.] 19.02.2024 NCC Yes / No Index Yes / No Internet :

Yes / No krk To:

1.The Commissioner, Charitable Endowments Department, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Charitable Endowments Department, Tirunelveli.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and C.M.P.(MD) Nos.962 & 963 of 2024 19.02.2024