Lingavasagam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.11789 of 2022 Lingavasagam .. Petitioner v.

1.The Commissioner, Department of Hindu Religious and Charitable Endowments Board, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments Board, Thoothukudi.

3.The Inspector, Hindu Religious and Charitable Endowments Board, Sathankulam, 1/6

4.The Executive Officer, Arulmigu Chidambareswarar Iyinthu Veetu Samy and Vinayagar Thirukoil, Chettiayapathu, Tiruchendur Taluk, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 12.07.2022 and to conduct the election for the Board of Trustees of Arulmigu Chidambereswarar Iyinthu Veetu Samy and Vinayagar Thirukovil at Chettiapathu in accordance with the scheme settled before the Court of Joint Commissioner, HR & CE, in O.S.No.4 of 1999.

For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.P.Subba Raj, Special Government Pleader for R.1 to R.3 Mr.C.Guhaseela Rupan for R.4 ***** 2/6

ORDER

The petitioner is one among the 30 families, who are entitled to administer Arulmigu Chidambereswarar Iyinthu Veetu Samy and Vinayagar Thirukovil at Chettiapathu. According to him, this Temple is administered by a scheme framed in the year 1999 in O.A.No.4 of 1999. The election for the Trustees for the Temple was not conducted and therefore, he has filed this writ petition for a mandamus to conduct election in accordance with the scheme framed in O.A.No.4 of 1999. 2.When this writ petition is taken up for hearing, learned Special Government Pleader, by referring G.O.No.178, Tourism, Culture and Religious Endowments Department, dated 24.07.2023, submitted that election was already conducted and Trustees have been appointed. The Trust Board has also taken charge on 07.08.2023. 3.Since the relief sought for has already been addressed, this writ petition stands closed as no further order is required to be passed. If the 3/6

petitioner is having any grievance with regard to the appointment of Trustees, it is open to him to challenge the Government Order in G.O.No. 178, Tourism, Culture and Religious Endowments Department, dated 24.07.2023, in the manner known to law.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 12.03.2024 NCC :

Yes / No Internet :

Yes gk To 1.The Commissioner, Department of Hindu Religious and Charitable Endowments Board, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments Board, Thoothukudi.

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3.The Inspector, Hindu Religious and Charitable Endowments Board, Sathankulam, 4.The Executive Officer, Arulmigu Chidambareswarar Iyinthu Veetu Samy and Vinayagar Thirukoil, Chettiayapathu, Tiruchendur Taluk, 5/6

B.PUGALENDHI, J.

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