Hindu Temple Kazhagam, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)No.1337 of 2016 Hindu Temple Kazhagam, NGO 'A' Colony, Jawahar Nagar, Reb.by its Secretary, V.Velayudhamoorthy. ...Appellant/Petitioner Vs.

1. The Commissioner, HR and CE(Admn.) Department, Chennai-34.

2. The Joint Commissioner, 3.The Assistant Commissioner,

4. The Inspector, Palayamkottai East,

5. The Executive Officer, A/m. Ramaswamy Temple, Palayamkottai Taluk and Town, Tirunelveli Town. ...Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of Letter Patent, to set aside the order dated 01.03.2013 passed in W.P.(MD)No.3169 of 2007 on the file of this Court and thereby allow this appeal.

Prayer in WP(MD). 3169/ 2007 :

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the 2nd respndent dated 14/03/2007 passed in Che.Mu. nada. na.ka.no. 26020/2003/A1 and quash the same . For Appellant : Ms.J.Anandhavalli For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J) This appeal is directed against the order of the learned Single Judge, who was pleased to dismiss the Writ Petition, when the challenge is made to appoint a fit person.

2.The learned counsel appearing for the appellant would submit that the order passed is liable to be set aside, since no notice has been served on the appellant, who is in charge of the temple.

3.Having regard to the above submission, we are of the view that the order of the learned Single Judge does not require any interference. We do not find any merit in this appeal. As rightly recorded by the learned Single Judge, notice has been served on the appellant and the appellant has entered his appearance and thereafter, the order was passed. The fit person, in fact, taken charge. There is a dispute between two rival groups and therefore the appellant has filed this appeal.

4. Therefore, looking from any perspective, we do not find any merit in this appeal. Hence, the appeal is dismissed. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To:

1. The Commissioner, HR and CE(Admn.) Department, Chennai-34.

2. The Joint Commissioner,

3. The Assistant Commissioner,

4. The Inspector, Palayamkottai East,

5. The Executive Officer, A/m. Ramaswamy Temple, Palayamkottai Taluk and Town, Tirunelveli Town.

+ 1 cc TO M/s.J.Anandhavalli , Advocate in SR No. 78182 ta/rmi AE/MR KKR/SAR2/05.10.2017/3P/7C W.A.(MD)No.1337 of 2016 12.09.2017