S.Ganesan S/O.Soundarapandia v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2015 CORAM :
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Petition (MD) No.23152 of 2015 S.Ganesan ... Petitioner Vs.
1.The Principal Secretary, Department of Hindu Religious and Charitable Endowment St., George Fort, Chennai.
2.The Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli.
3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli-2.
4.The Takkar of Temple/Assistant Commissioner, Thoothukudi.
5.The Executive Officer, Arulmighu Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District.
6.Minor Harish through his mother Mrs.Muthumeenatchy @ Indira, Archahar Grade -1,Arulmigu Mutharamman Thirukkovil, Kulasekarapattinam, Thoothukudi District ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to consider the petitioner's representation dated 18.11.2015 given to the 1st to 5th respondents and further direct them to remove the 6th respondent as he was appointed illegally in the post of Archahar Grade I in Arulmighu Muthuaramman Thirukovil, Kulasekarapattinam, Thoothukudi District.
For Petitioner : Mr.V.Rajiv Rufus For Respondents 1-3 : Mr.V.R.Shanmuganathan, Special Government Pleader takes notice.
For 5th Respondent : Mr.Muthugeethaiyan, takes notice
ORDER
(Order of the Court was made by V.RAMASUBRAMANIAN,J.) The petitioner who claims to be the President, South District Hindu Makkal Katchi has come up with the above public interest litigation which we do not think, will sub-serve the cause that he professes to have undertaken.
2.Heard Mr.V.Rajiv Rufus, learned counsel for the petitioner. Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.Muthugeethaiyan, learned counsel takes notice for the 5th respondent.
3.This is a very unfortunate case where the appointment of the 6th respondent as the priest has come under challenge for the fourth time at the instance of different persons every time. 4.The appointment of the sixth respondent was first challenged in a public interest litigation in W.P(MD)No.10483 of 2014, but the writ petition was dismissed by a Bench of this Court by an order dated 30.06.2014.
5.The second challenge was made by another person by name, S.Sudalai in W.P(MD)No.15688 of 2014. But the same was also dismissed by another Division Bench of this Court by an order dated 19.09.2014.
6.The unsuccessful petitioner in the second writ petition came up with a review application in Review Application (MD)No.20 of 2015 seeking a review of the order passed in W.P(MD)No.15688 of 2014. But the review application was also dismissed on 24.04.2015. Thereafter, the petitioner has come up with the above public interest litigation.
7.The issue raised in this writ petition has already been settled by two different Benches in two different writ petitions and a review application. Therefore, this is nothing but a proxy litigation by persons with vested interest. Hence, it is dismissed. No costs. Consequently, M.P(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar
To 1.The Principal Secretary, Department of Hindu Religious and Charitable Endowment St., George Fort, Chennai.
2.The Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli.
3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli-2.
4.The Takkar of Temple/Assistant Commissioner, Thoothukudi.
5.The Executive Officer, Arulmighu Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District.
+1cc to Mr.M.Muthugeethayan,Advocate Sr.No.75958 +1cc to Spl.GOvernment Pleader Sr.No.76369 sms AA/SK-SKN/20.01.2016/3p-8c Writ Petition (MD) No.23152 of 2015 22.12.2015