Madras High CourtWP(MD)/1933/2019withdrawn dismissed

Chellamani Iyengar, v. The Assistant Commissioner

2020-10-08Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.1933 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.1933 of 2019 and W.M.P.(MD)No.5389 of 2019 Chellamani Iyengar : Petitioner Vs.

The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi, Ramanathapuram District.

: Respondent RAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondent to appoint the petitioner as Hereditary Trustee of "Sri Malai Mandala Srinivasa Perumal Thirukovil", situated at Thiruppasethi, Thiruppuvanam Taluk, Sivagangai District by considering the petitioner representation, dated 13.07.2018.

For Petitioner :Mr.K.Pandy For Respondent :Mr.K.P.Narayanakumar Special Government Pleader ****

ORDER

This Writ Petition has been filed for a Mandamus, seeking for a direction to direct the respondent to appoint the petitioner as Hereditary Trustee of "Sri Malai Mandala Srinivasa Perumal Thirukovil", situated at Thiruppasethi, Thiruppuvanam Taluk, Sivagangai District by considering the petitioner's representation, dated 13.07.2018.

2.Heard Mr.K.Pandy, learned Counsel appearing for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the respondent.

3.The learned Counsel for the petitioner submits that the petitioner is dead and he seeks time to bring on record the legal heirs of the deceased petitioner.

4.The learned Special Government Pleader appearing for the respondent would submit that necessary party to be impleaded in this Writ Petition is the Joint Commissioner, HR & CE Department, who is alone empowered to recognise a person as Hereditary Trustee under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

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W.P.(MD)No.1933 of 2019 5.Since the Joint Commissioner, HR & CE Department, has not been made as a party respondent in this Writ Petition, this Court is of the considered view that this Writ Petition shall stand dismissed as withdrawn. However, liberty is granted by this Court to the legal heirs of the deceased petitioner to prefer a separate Writ Petition for the same relief after impleading all the necessary parties as party respondents, including the Joint Commissioner, HR & CE Department.

6.Accordingly, this Writ Petition is dismissed as withdrawn. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr To The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi, Ramanathapuram District.

+1 CC to SPL GP ( SR-19629[F] dated 09/10/2020 ) Order made in W.P.(MD)No.1933 of 2019 08.10.2020 VB (16.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/