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Madras High CourtWP(MD)/16060/2019disposed of

Sri Sivaraj Swamigal v. The Commissioner

2019-09-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Friday, the Thirtieth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WP(MD). No.16060 of 2019 Sri Sivaraj Swamigal ... Petitioner Vs 1 The Commissioner Hindu Religious and Charitable Endowments Dept, No.119, Uthmar Gandhi Salai, Nungampakkam Chennai- 600 034.

2 The Assistant Commissioner, Hindu Religious and Charitable Endowments Dept Thirunelveli.

3 S.Arumugaraj, (R3 Impleaded as party respondent vide court order dated.04.09.2019 in WMP(MD) No.13709/19 in W.P(MD)16060/2019) ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue writ of Mandamus and Directing the respondents 1 and 2 herein to appoint the petitioner as Trustee/Fit Person of the Chalivadi Puratheena Nellai Srimath Parasamayak Kolari Nathar Atheenam by following the due process of Law as Enumerated under Sectionn 60 of the Tamil Nadu Hindu Religious and Charitable Endowment Act,1989. WP(MD). No.16025 of 2019:- Shri Shri Puthathmanandha Sa Rawathi Swamigal, Madathipathi, Chalivadi Puratheena Agila Bharatha Shrimath, Parasamyak Kolarinathar Aatheenam, No.84, Akkasalai Viayagar Koil St, Tirunelveli District.

... Petitioner 1/3

Vs.

1. The District Collector , Tirunelveli Dist

2. The Revenue Divisional Officer,Tirunelveli , Tirunelveli Dist.

3. The Thasildar, Tirunelveli , Tirunelveli Dist

4. A.S.A.Kathirvel

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the 1st respondent to take appropriate action as against the 3rd and 4th respondent and protect the petitioner rights in Chalivadi Puratheena Agila Bharatha Shrimath Parasamayak Kolarinathar Adheenam Mutt in the hands of 3rd and 4th respondents in the light of the petitioner's representation dated.10.06.2019 and consequently to forbear the third and fourth respondents permanently from any way hindering or preventing the petitioner from functioning as the 39th Madathipathi (Head) of Chalivadi Puratheena Agila Bharatha Shrimath Parasamayak Kolarinathar Aatheenam Mutt, Tirunelveli. ORDER:- This Petition coming on for orders on this day and upon perusing the earlier orders of this Court dated.04.09.

2019 and 25.08.2020 and the requisition letter received from the Principal Subordinate Judge, Tirunelvi vide letter in D.No.352/2021, Dated.25.02.2021 and requesting to further extension of time of three months and upon hearing the arguments of Mr.K.R.Laxman , Advocate for the Petitioner in W.P(MD)No.16060/2019 and of Mr.J.Jeyakumaran, Advocate for the Petitioner in W.P(MD) No.16025/2019 Mr..J.Jeyakumaran, Advocate for impleaded respondent in W.P(MD)No.16060/2019 and Mr.K.P.Narayana Kumar, Special Government Pleader for the Respondents 1 and 2 in W.P(MD) No.16060/2019 and Mr.P.Mahendran,Additional Government Pleader for the Respondents 1 to 3 in W.P(MD)No.

TO

1. The Principal Subordinate Judge, Tirunelveli.

2. The Commissioner Hindu Religious and Charitable Endowments Dept, Nungampakkam, Chennai- 600 034.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Dept, Thirunelveli.

4. The District Collector, Tirunelveli District.

5. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District,

6. The Thasildar, Tirunelveli, Tirunelveli district.

7. The Special Government Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

1. The Registrar(Judl), Madurai Bench of Madras HighCourt, Madurai.

2. The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 30/04/2021 ========================== Extension of Time ========================== WP(MD). No.16060 of 2019 and 16025 of 2019 Giving direction and etc.

as stated within.

KM(CO) TR(05.05.2021) 3P 10C 3/3