Palanisamy v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)Nos.1336 &1337 of 2025 Palanisamy ... Petitioner /Vs./ 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Cotton Market Building, Palladam Road, Thiruppur.

2.The Executive Officer, Arulmigu Kadambavaneshwarar Thirukovil, Kulithalai Taluk, Karur District.

Holding Office as Fit Person, Arulmigu Karuppasamy Thirukovil, Vebbankudi, Kaniyalampatti Post, Kadavur Taluk, Karur District - 621 301.

Office at Arulmigu Kadambaneswarar Temple, Kulithalai, Karur District.

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3. V.Ganesan

4. B.Srirangan

5. P.Vel ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records pertaining to the impugned order of the 1st respondent in Se.Mu.Na.Ka.No.4479/2024/A3 dated 09.01.2025 and quash the same.

For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.P.Subbaraj, Special Government Pleader (R1) Mr.P.Authimoolapandian (R2)

ORDER

This writ petition has been filed challenging the interim order passed by the first respondent dated 09.01.2025, thereby stayed the order passed by the second respondent.

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2. Considering the nature of the order going to be passed in this writ petition, notice to the private respondents is dispensed with. Heard the learned counsel on either side and perused the materiels placed before this Court.

3. The learned counsel appearing for the petitioner would submit that the first respondent has no jurisdiction to stay his own order.

4. It is seen from the records that the case pending before the first respondent is posted for hearing on 29.01.2025. In the meanwhile, the order passed by the second respondent was stayed, in respect of appointment of the petitioner as hereditary trustee for the respondent temple. Therefore, this Court has no infirmity or illegality in the order passed by the first respondent. The first respondent is directed to pass final orders within a period of four weeks from the date of receipt of a copy of this order.

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5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

23.01.2025 Index : Yes / No NCC : Yes / No Sm 4/6

TO:- 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Cotton Market Building, Palladam Road, Thiruppur.

2.The Executive Officer, Arulmigu Kadambavaneshwarar Thirukovil, Kulithalai Taluk, Karur District.

Holding Office as Fit Person, Arulmigu Karuppasamy Thirukovil, Vebbankudi, Kaniyalampatti Post, Kadavur Taluk, Karur District - 621 301.

Office at Arulmigu Kadambaneswarar Temple, Kulithalai, Karur District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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