P.M.Pandiarajan, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.1497 of 2017 and W.M.P(MD)Nos.1218 to 1221 of 2017 1.P.M.Pandiarajan 2.R.Saravana Pandian 3.R.Rebello ... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Madurai - 625 001.

3.Executive Officer, Arulmigu Pandi Muneeswarar Temple, Melamadai, Madurai District.

4.The Fit Person/Deputy Commissioner, Arulmigu Pandi Muneeswarar Temple, Melamadai, Madurai District.

5.Geetha Chellapandian 6.P.M.Matcharani ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the impugned order of the fourth respondent vide Na.Ka.No. 53/2016/E1 dated 30.11.2016 and quash the same. For Petitioners : Ms.J.Anandhavalli For Respondents : Mr.V.R.Shanmuganathan, Special Government Pleader, for R.1 & R.2 Mr.S.Manohar for R.3 & R.4 ******

O R D E R

This writ petition has been filed by the petitioners, seeking a Writ of Certiorari, to quash the impugned order of the fourth respondent in Na.Ka.No.53/2016/E1 dated 30.11.2016, by which, the claim of the fifth and sixth respondents, seeking poojariship was rejected.

2. It is the case of the petitioners that though they are not directly connected with the impugned proceedings, their grievance is that the rejection of the claim of the fifth and sixth respondents, seeking poojariship, will eventually result in reduction of their five weeks pooja turn to four weeks and hence, they are before this Court.

3. The learned Counsel appearing for the third respondent filed a detailed counter affidavit, contending as follows: "4)It is further submitted that the Chellapandi Poosari has been reinstated in the service nothing survives in this Writ Petition and the claim of Matcharani and Geetha Chellapandi does not arise and the Petitioner is not a person aggrieved or connected to the impugned proceedings and the parties affected by the impugned order have filed Writ Petitions and as Chellapandi Poosari has joined service the Writ Petition is liable to be dismissed."

4. Heard the learned Counsel appearing on either side.

5. This Court is in full agreement with the stand taken by the third respondent, in the counter, since the impugned order dated 13.11.2016, deals only with Matcharani and Geetha Chellapandi, fifth and sixth respondents herein and the petitioners are having no grievances other than some passing remarks. Under such circumstances, leaving it open to the petitioners to agitate their rights in the manner known to law, as and when required, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Madurai - 625 001.

3.The Executive Officer, Arulmigu Pandi Muneeswarar Temple, Melamadai, Madurai District.

+1cc to Mr.S.MANOHAR Advocate in SR. No. 82414 +1cc to M/s. J.ANANDHAVALLI Advocate in SR. No. 82506 GK JS/MR.KKR/SAR.4/25.10.2017/3P-6C W.P(MD)No.1497 of 2017 10.10.2017