M.Rajamani v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P.(MD) No.2273 of 2020 M.Rajamani ... Petitioner Vs.

1) The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 34

2) The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellish nagar, Madurai.

3) P.Vijayakumar

4) K.Chinnarasu Gounder

5) P.Parthiban ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 and 2 not to consider the applications submitted by the respondents 3 to 5 on 20.12.2019 for appointment of respondents 3 to 5 as nonhereditary trustees of the Arulmighu Muthumariamman Temple Vallakundapuram Hamlet Kothaiyam Village Oddachathram Taluk Dindigul District by consider the representation of the petitioner dated 14.01.2020.

For Petitioner : Mr.N.Damodaran For RR 1 & 2 : Mr.VR.Shanmuganathan, Special Government Pleader For RR 3 to 5 : Mr.K.Govindaraj 1/3

O R D E R

Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice on behalf of the respondents 1 & 2.

2. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 not to consider the applications submitted by the respondents 3 to 5 on 20.12.2019 for appointment of respondents 3 to 5 as nonhereditary trustees of the Arulmighu Muthumariamman Temple, Vallakundapuram Hamlet, Kothaiyam Village, Oddachathram Taluk, Dindigul District by considering the representation of the petitioner dated 14.01.2020.

4. Earlier this Court had passed an order in W.P.(MD) No.24297 of 2019, dated 18.11.2019, directing the Joint Commissioner, Hindu Religious and Charitable Endowment Department to convene a meeting and select the trustees for Arulmighu Muthumariamman Temple, Vallakundapuram Hamlet, Kothaiyam Village, Oddachathram Taluk, Dindigul District.

5. The learned counsel appearing for respondents 3 to 5 produced a copy of the order dated 13.02.2020 passed by the Joint Commissioner, Hindu Religious and Charitable Endowment Department, whereby he had selected three trustees for the Temple.

6. In view of the selection of the trustees by the Joint Commissioner, the relief sought for in the writ petition has now become infructuous. It is open to the petitioner to challenge the order dated 13.02.2020 in the manner known to law. Accordingly, the writ petition stands dismissed as infructuous. No costs. Consequently, connected W.M.P.(MD) No.2273 of 2020 is closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 2/3

To

1) The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 34

2) The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellish nagar, Madurai.

+1 CC to M/s.J.BRISTON ROMARIO, Advocate ( SR-6904[F] dated 18/02/2020 ) Order made in Dated: 18.02.2020 JMN(12.03.2020) 3P : 4C 3/3