Madras High CourtWP(MD)/5398/2019disposed of

A.Nagalingam, v. The Commissioner (Hr & Ce)

2019-03-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5398 of 2019 and W.M.P.(MD)No.4291 of 2019 A.Nagalingam ... Petitioner Vs.

1.The Commissioner (HR & CE), Tamil Nadu Hindu Religious and Charitable Endowments Administration Department, Chennai.

2.The Joint Commissioner (HR & CE), Office of the Joint Commissioner, HR & CE Department, Madurai, Madurai District.

3.The Assistant Commissioner (HR & CE), Office of the Assistant Commissioner, HR & CE Department, Madurai, Madurai District.

4.The Executive Officer, Arulmighu Thandayuthapani Thirukovil, Nethaji Salai, Madurai.

5.S.Jeyakodi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the third respondent in his proceedings in Se.Mu.Na.Ka.No.368/2018/E3, dated 18.02.2019 and quash the same as illegal.

For Petitioner :Mr.J.Jeyakumaran For R1 to R3 :Mr.K.MU.Muthu Additional Government Pleader For R4 :Mr.N.Dilip Kumar

ORDER

Heard the learned counsel on either side.

https://hcservices.ecourts.gov.in/hcservices/ 2.The order impugned in the writ petition pertains to

appointment of a fit person for Arulmighu Kattu Karuppanna Samy Temple, Maravankulam Village, Thirumangalam Taluk, Madurai District. It is not in dispute that no notice was given to the incumbent trustee. On this sole ground, the order impugned in this writ petition is set aside. The matter is remitted to the file of the third respondent. The third respondent will put the writ petitioner as well as the fifth respondent on notice and thereafter, pass orders afresh in accordance with law.

3.The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Commissioner (HR & CE), Tamil Nadu Hindu Religious and Charitable Endowments Administration Department, Chennai.

2.The Joint Commissioner (HR & CE), Office of the Joint Commissioner, HR & CE Department, Madurai, Madurai District.

3.The Assistant Commissioner (HR & CE), Office of the Assistant Commissioner, HR & CE Department, Madurai, Madurai District.

+1cc to Mr.N.Dilip Kumar, Advocate, SR.No.54095 W.P.(MD)No.5398 of 2019 and W.M.P.(MD)No.4291 of 2019 12.03.2019 SP/15.03.2019/ 2P/5C https://hcservices.ecourts.gov.in/hcservices/