Madras High CourtWA(MD)/1310/2017closed

Kongu Educational Trust, v. The Commissioner,

2017-10-06Honourable Mr Justice Abdul Quddhose,Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.A.(MD)No.1310 of 2017 and C.M.P(MD)Nos.9113 & 9114 of 2017 Kongu Educational Trust, 258-A, M.G.Road, Vaiyapuri Nagar, Karur - 639 002, Rep. by its Chairman, M.Nachimuthu. : Petitioner/Petitioner/Appellant Vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy Division, Trichy.

3. The Hereditary Trustee, A/M.Balasubramaniaswamy Temple, Vennaimalai, Karur Taluk and District.

4. The Executive Officer, A/M.Balasubramaniaswamy Temple, Vennaimalai, Karur Taluk and District.

: Respondents/Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, praying to set aside the order dated 21.09.2017 made in W.P(MD)No.17092 of 2016 and W.M.P(MD)No.12401 of 2016. Prayer in WP(MD). 17092/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the 4th https://hcservices.ecourts.gov.in/hcservices/

respondents impugned communications dated 02.12.2015 and 28.06.2016 and quash the same as illegal, arbitrary, without the authority of law and against the provisions of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 and the circular of the 1st respondent herein bearing Na.Ka.No.40651/2008/M3/Dated 02.02.2009.

For Appellant : Mr.R.S.Pandiyaraj

JUDGMENT

[Judgment of the Court was made by M.VENUGOPAL.,J.] The Learned Counsel for the Appellant has made an endorsement in the Writ Appeal to the effect that the Appellant may be permitted to move the Learned single Judge for modification of the impugned order passed in W.P(MD)No.17092 of 2016 and W.M.P(MD) No.12401of 2016, dated 21.09.2017.

2. In view of the aforesaid endorsement made by the Learned Counsel for the Appellant, the said fact and the said endorsement is recorded and the present Writ Appeal is closed with a liberty being granted to the Appellant to move before the Learned Single Judge for seeking modification of the order passed. No Costs. Consequently, connected Civil Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy Division, Trichy.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 81959 PM TE/KP/SAR-II : 20/10/2017 : 2P/4C JUDGMENT MADE IN W.A.(MD)No.1310 of 2017 and C.M.P(MD)Nos.9113 & 9114 of 2017 06.10.2017 https://hcservices.ecourts.gov.in/hcservices/