P.Duraipandi v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.13457 of 2017 and W.M.P.(MD) Nos.10522, 10523 and 10556 of 2017 P. Duraipandi ... Petitioner Vs.

1. The Assistant Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer Arulmigu Kalyana Sundareswarar Tirukovil, Avaniapuram, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the impugned order passed by the first respondent in Se.Mu.Na.Ka.3353/2003-3/A1 dated 08.11.2013 and the consequential order in Na.Ka.3353/2003/A1 dated 28.04.2017 passed by the first respondent and quash the same as illegal. For Petitioner : Mr.M.Kannan For Respondents : Mr.S.Kumar - R1 Additional Government Pleader : Mr.S.Manohar - R2 Standing Counsel

O R D E R

This writ petition has been filed, seeking to quash the impugned order dated 08.11.2013 issued by the first respondent and the consequential order 28.04.2017, by appointing the second respondent as Thakkar for the temple without any notice and enquiry.

2. According to the learned counsel for the petitioner as well as the respondents, the writ petition has become infructuous, since the possession of the temple has been taken by the second respondent.

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3. However, the learned counsel for the petitioner has insisted for proper administration of the temple, enquiry to be conducted relating to Mudanmai rights and misappropriation of funds and also the respondents should ensure that smooth and peaceful celebration of the temple festival is conducted, at the earliest, including all the communities in and around the village.

4. In view of the above, this petition is disposed of, with a direction to the petitioner to submit a detailed representation in this regard to the competent authority namely, the first respondent, within a period of two weeks from the date of receipt of a copy of this order and upon such filing, appropriate orders shall be passed thereon, within a period of six weeks thereafter, after affording an opportunity of hearing to the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To

1. The Assistant Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer Arulmigu Kalyana Sundareswarar Tirukovil, Avaniapuram, Madurai + 1 CC TO MR.S.Manohar, ADVOCATE IN SR No. 79778 + 1 CC TO MR.M.Kannan, ADVOCATE IN SR No. 79653 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.79846 rm MK/GT/SAR-1/27.09.2017/2P/6C W.P(MD)No.13457 of 2017 19.09.2017 https://hcservices.ecourts.gov.in/hcservices/