Irulan v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.13642 of 2015 IRULAN .. Petitioner Vs.
1. THE JOINT COMMISSIONER, HINDUR RELIGIOUS AND CHARITABLE ENDOWMENTS OFFICE, SIVAGANGAI, SIVAGANGAI DISTRICT.
2. THE ASSISTANT COMMISSIONER, HR &CE OFFICE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.
3. THE THAKKAR CUM EXECUTIVE OFFICER, ARULMIGU VETTUTAIYAR KALIAMMAN THIRUKOVIL, ARIYAKURICHI, SIVAGANGAI DISTRICT.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st respondent to consider the petitioners representation', dated 17.06.2015 seeking continuation of trusteeship in Arulmigu Shanmuganathaswamy Thirukovil, Paramakudi, Ramanathapuram District.
For Petitioner : Mr.T.Muruganantham For R1 & R2 : Mr.R.Velmurugan Government Advocate For R3 : Mr.C.Gunaseela Rupan
ORDER
This writ petition has been filed for a writ of Mandamus directing the 1st respondent to consider the petitioners representation', dated 17.06.2015 seeking continuation of trusteeship in Arulmigu Shanmuganathaswamy Thirukovil, Paramakudi, Ramanathapuram District.
2.The case of the petitioner is that he was appointed as Trustee of Arulmigu Shanmuga Nathaswamy Thirukovil, Paramakudi Town and Taluk and he was selected as Chairman of the Trustee Committee and the same was approved by the first respondent in Na.Ka.No.5174/04/A7, dated 01.12.2004. In the order of the first respondent, dated 01.12.2004, it has been stated that the petitioner was selected as Chairman of Trustees Committee of Arulmigu Shanmuga Nathaswamy Thirukovil, on the election, which was held on 24.11.2004. While so, the third respondent has sent a communication dated 16.06.2015 to the petitioner stating that a fit person was appointed for the Thirukovil and he assumed charge of the Temple. Hence, questioning the same, the present writ petition has been filed.
https://hcservices.ecourts.gov.in/hcservices/
3.When the matter came up for hearing, the learned counsel for the third respondent submitted that a fit person has already been appointed and he has taken charge on 16.06.2015 and hence, nothing survives for adjudication in this writ petition. In fact, earlier, a writ petition in W.P.(MD)No.2310 of 2015 for similar relief has been filed and the same was dismissed by this Court on 25.02.2015. Suppressing the same, the present writ petition has been filed. He has also produced a copy of the order.
4.Heard the learned counsel for the petitioner; and the learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. 5.In view of the above, I am of the considered opinion that since already a fit person was appointed and he has taken charge of the Arulmigu Shanmuga Nathaswamy Temple, nothing survives for adjudication in this writ petition. As pointed out by the learned counsel for the third respondent, the earlier writ petition filed in W.P.(MD)No.2310 of 2015 for similar relief was already dismissed by this Court. In such circumstances, the question of giving direction to consider the representation of the petitioner dated 17.06.2015, does not arise in this case. 6.Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To
1. THE JOINT COMMISSIONER, HINDUR RELIGIOUS AND CHARITABLE ENDOWMENTS OFFICE, SIVAGANGAI, SIVAGANGAI DISTRICT.
2. THE ASSISTANT COMMISSIONER, HR &CE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.
3. THE THAKKAR CUM EXECUTIVE OFFICER, ARULMIGU VETTUTAIYAR KALIAMMAN THIRUKOVIL, ARIYAKURICHI, SIVAGANGAI DISTRICT.
+ 1 CC TO M/S.T.MURUGANANTHAM, ADVOCATE IN SR NO. 45498 + 1 CC TO M/S.C.GUHASEELARUPAN, ADVOCATE IN SR NO. 45305 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 45976 https://hcservices.ecourts.gov.in/hcservices/ RJ2 W.P.(MD)No.13642 of 2015 TE/JGB-AAL/LIB 04/09/2015 2P/7C 10.8.2015