Madras High CourtWP(MD)/14165/2020allowed

R.Sudalaimuthu v. The Commissioner

2020-10-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.14165 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.14165 of 2020 and W.M.P.(MD).No.11821 of 2020 R.Sudalaimuthu ... Petitioner Vs 1.The Commissioner Hindu Religious and Charitable Endowment Department Government of Tamil Nadu, Chennai.

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

3.The Fit Person Arulmigu Ayyanar and Pon Muniyandi Swamy Temple, Sammattipuram, Madurai-16 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for records relating to the impugned order dated 18.09.2020, passed by the third respondent and quash the same.

For Petitioner : Mr.J.Bharathan For R-1 & R-2 : Mr.K.P.Narayana Kumar, Special Government Pleader For R-3 : Mr.S.Manohar, Standing Counsel

ORDER

This writ petition has been filed to quash the impugned order dated 18.09.2020, passed by the third respondent against the petitioner herein.

2. Heard Mr.J.Barathan, learned counsel appearing for the petitioner.

Mr.K.P.Narayanakumar, learned Special Government Pleader accepts notice for the respondents 1 and 2 and Mr.S.Manohar, learned Standing Counsel, accepts notice for the third respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14165 of 2020 3.The relief sought for in this Writ Petition is consequent to the relief sought for in W.P.(MD)No.15668 of 2017. Since W.P.(MD) No.15668 of 2017 was disposed of by this Court, by order dated 09.10.2020, in favour of the petitioner, the impugned notice, dated 18.09.2020, has to be necessarily quashed. Accordingly, this Writ Petition is allowed and the impugned order passed by the 3rd respondent, dated 18.09.2020 is quashed. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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 Hindu Religious and Charitable Endowment Department Government of Tamil Nadu, Chennai.

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

+1 CC to M/s.T.R. JEYAPALAM, Advocate( SR-19818[F] dated 12/10/2020) +1 CC to M/s.GP ( SR-20051[F] dated 14/10/2020 ) +1 CC to M/s.S. MANOHAR, Advocate ( SR-19935[F] dated 13/10/2020 ) W.P.(MD)No.14165 of 2020 12.10.2020 sss(CO) TR(02.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2