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Madras High CourtWP(MD)/10196/2019allowed

Sri Saranga Desikendra v. The State Rep.By

2020-09-18Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.7896 to 7898 of 2019 and 1192 of 2020 Sri Saranga Desikendra Swamigal Matt, (Veera Shaiva Periya Madam), Rep.by Sri-la-sri Jagadaguru Neelakanda Saranga Dasikendra Sannidhanm, Head Post Office, P.B.No.47, Kumbakonam-612 001, Thanjavur District.

... Petitioner Vs.

1.The State Rep.by The Commissioner, Uthamar Gandhi Road Nungambakkam, Chennai.

2.The Joint Commissioner, Myladuthurai, Nagapattinam District.

3.The Assistant Commissioner Kumbakonam, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent vide his proceedings in Na.Ka.No.646/2005/Aa1, dated 11.04.2019 and quash the same as illegal and consequently forbearing the respondents their men or agents from taking over the management of Sri Saranga Desikendra Swamigal Mutt (Veer Shaiva Periya Madam), Kumbakonam, Thanjavur District.

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For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.K.Chellapandiyan, Additional Advocate General, Assisted by Mr.Lakshmi Prasanna, Government Advocate

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Government Advocate appearing for the respondents. 2.Following the order impugned in W.P.(MD)No.14013 of 2016, the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Kumbakonam, issued communication, dated 11.04.2019 calling upon the petitioner to hand over the charge to the Interim Administrator.

3.Since W.P.(MD)No.14013 of 2016 has been allowed and the order impugned therein has been quashed, the consequential proceedings will have to automatically go. The writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner, Uthamar Gandhi Road Nungambakkam, Chennai.

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2.The Joint Commissioner, Myladuthurai, Nagapattinam District.

3.The Assistant Commissioner Kumbakonam, Thanjavur District.

+1cc to Special Government Pleader, SR.No. 17691 18.09.2020 NR (15/10/2020) 3P : 5C 3/3