The Joint Commissioner v. K.Thirumalai Jeyabalamuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)Nos.965 to 967 of 2017 and C.M.P.(MD).Nos.6487 to 6491 of 2017

1. The Joint Commissioner Hindu Religious and Charitable Endowments Departments Madurai.

2. The Executive Officer, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District.

3. The Fit Person, Arulmihhu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District.

... Appellants in all the appeals Vs.

K.Thirumalai Jeyabalamuthu

...Respondent

in W.A(MD)No.965 of 2017 D.K.Raguraman ... Respondent in W.A(MD)No.966 of 2017 M.Bose ... Respondent in W.A.(MD)No.967 of 2017 COMMON PRAYER: Writ Appeals are filed under Clause 15 of Letters Patent, praying to set aside the order dated 28.06.2017 passed in W.M.P.(MD)Nos.9161, 9165 and 9167 of 2017 in W.P(MD)Nos.11900, 11903 and 11904 of 2017 on the file of this Court.

Prayer in WMP(MD).Nos.9161,9165 and 9167/2017 : To pass an order of Stay of the impugned order of 3rd Respondent in Se.Mu.Na.Ka. Nil dated 13.06.2017 pending disposal of the Main Writ Petition.

Prayer in WP(MD). 11900/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the 3rd Respondent in Se.Mu.Na.Ka. Nil dated 13.06.2017 and quash the same as illegal and permit the Petitioner and his nephews viz, P.Sivakumar, M.Muthukannan and P.Gopinath to perform daily poojas and festival poojas in Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District.

Prayer in WP(MD). 11903/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorari to call for the records of the impugned order passed by the 3rd Respondent in Se.Mu.Na.Ka.Nil dated 13.06.2017 and quash the same as illegal and pass such further or other orders as this Honble Court.

Prayer in WP(MD). 11904/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records of the impugned order passed by the 3rd Respondent in Se.Mu.Na.Ka.No. Nil dated 13.06.2017 and quash the same as illegal.

For Petitioners : Mr.VR.Shanmuganathan in all the appeals Special Government Pleader For Respondents : Mr.M.Kannan in all the appeals COMMON JUDGMENT [Judgment of the Court was delivered by M.M.SUNDRESH, J.] Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the appellants and Mr.M.Kannan, learned counsel appearing for the respondents.

2.By consent of both sides, these writ appeals itself are taken up for final disposal.

3.What has been challenged is only an interim orders passed by the learned Single Judge. Thus, interim applications have not been disposed of. In that, interim orders were granted only for two weeks and that period is also over. Now, the pleadings are completed.

4.In such view of the matter, we are not inclined to pass any orders on merits, as it is well open to the appellants to raise all the contentions before the learned Single Judge. Accordingly, these

writ appeals are dismissed. However, while dismissing the writ appeals, taking note of the submission of the learned Special Government Pleader, we request the learned Single Judge to take the interim applications and to dispose the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Joint Commissioner Hindu Religious and Charitable Endowments Departments Madurai.

2. The Executive Officer, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District.

3. The Fit Person, Arulmithu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District.

AM/SSS TE/MR-KKR/SAR-IV : 02/08/2017 : 3P/4C W.A.(MD)Nos.965 to 967 of 2017 and C.M.P.(MD).Nos.6487 to 6491 of 2017 13.07.2017