Rathinasamy v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Rathinasamy .. Petitioner Vs.

1.The Joint Commissioner, HR & CE Department, Thriuvanaikaval, Trichy District.

2.The Inspector of HR & CE Department, Manapparai, Trichy District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to appoint the petitioner as hereditary trustee of Sri Ayyanar Valladiyan Thirukovil situated at Ponnampatti, Marungapuri Taluk, Trichy District. For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.P.Subbaraj Special Government Pleader

ORDER

The petitioner has filed this writ petition for the issue of a Writ of Mandamus, directing the first respondent to appoint the petitioner as hereditary trustee of Sri Ayyanar Valladiyan Thirukovil situated at Ponnampatti, Marungapuri Taluk, Trichy District.

2. Today, when the matter is taken up for hearing, Mr.P.Subbaraj, learned Special Government Pleader appearing for the respondents would submit that the petitioner has a remedy under Section 63(b) of the Hindu Religious and Charitable Endowments Act, 1959.

3. Considering the above submission, which has not been refuted by the learned counsel for the petitioner, this Writ Petition is disposed of giving liberty to the petitioner to approach the authority under Section 63(b) of the said Act. No costs.

NCC : Yes/No 31.03.2023 Index : Yes/No abr

To 1.The Joint Commissioner, HR & CE Department, Thriuvanaikaval, Trichy District.

2.The Inspector of HR & CE Department, Manapparai, Trichy District.

P.T.ASHA, J.

abr Dated: 31.03.2023