Senthilkumar. M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.11199 of 2024 and W.M.P.(MD)Nos.9968 and 9969 of 2024 M.Senthilkumar ... Petitioner Vs.

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

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

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Executive Officer, A/m Chokkanathaswamy Thirukovil, Virudhunagar.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari to call for the records in pursuant to the impugned order passed by the third respondent in Che.Mu.Na.Ka.No. 3722/2021/A4 dated 09.06.2022 and the consequential order passed by the fourth respondent dated 06.05.2024 and quash the same. Page No. 1 of 5

For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

This Writ Petition is disposed of without making any observation on the merits of the case.

2. In this Writ Petition, the petitioner has challenged the impugned order of the third respondent in Che.Mu.Na.Ka.No.3722/2021/A4 dated 09.06.2022 and the consequential order passed by the fourth respondent dated 06.05.2024. By the first mentioned order, the fourth respondent has been appointed as a Fit Person.

3. The learned counsel for the petitioner submits that the petitioner is now restricting the prayer in this Writ Petition for keeping the impugned order in abeyance pending disposal of O.A.No.9 of 2023 filed by him under Section 64(1) of the Tamil Nadu Hindu Religious Charitable and Endowments Act, 1959.

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4. The learned Special Government Pleader for the official respondents submits that the O.A. filed by the petitioner in O.A.No.9 of 2023 under Section 64(1) of the Tamil Nadu Hindu Religious Charitable and Endowments Act, 1959 pending before the Joint Commissioner, Madurai, the second respondent herein will be disposed of within a period of four months from the date of receipt a copy of this order.

5. Under these circumstances, the impugned order shall be kept in abeyance for a period of four months from today and thereafter, subject to further orders in O.A.No.9 of 2023 filed by the petitioner under Section 64(1) of the Tamil Nadu Hindu Religious Charitable and Endowments Act, 1959 before the second respondent herein.

6. This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes/ No 04.07.2024 Speaking Order / Non-Speaking Order smn2 Page No. 3 of 5

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

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

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Executive Officer, A/m Chokkanathaswamy Thirukovil, Virudhunagar.

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C.SARAVANAN , J.

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