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Madras High CourtWP(MD)/16802/2019disposed of

A.Venkateshkumar v. The Commissioner

2019-09-05Honourable Mr Justice M. Govindaraj4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD)Nos.13404, 11614 and 11615 of 2019 W.P.(MD)No.16802 of 2019:

A.Venkateshkumar : Petitioner Vs.

Ellis Nagar, Madurai-625 016.

Ellis Nagar, Madurai-625 016.

Madurai-01.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents pursuant to the petitioner's representation dated 15.07.2019 to appoint three persons from among the representatives of petitioner's community of Vaniya Vaisya Chettiar Madurai as trustees of Puttu Urchava Kattalai, Puttuthoppu, Madurai, immediately so as to facilitate performance of Puttu Thiruvizha by our community which is performed from time immemorial. For Petitioner : Mr.T.N.Rajagopalan, For Mr.M.V.Venkataseshan For Respondents 1to3 : Mr.VR.Shanmuganathan, Special Government Pleader 1/4

For Respondent No.4 : Mr.M.Saravanan W.P.(MD)No.15107 of 2019:

S.Balasubramanian : Petitioner Vs.

Ellis Nagar, Madurai-16.

Ellis Nagar, Madurai-16.

Madurai-1.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records in the impugned order dated 07.12.2018 in Se.Mu.Na.Ka.No.60569/2018/A2 passed by the first respondent, further direct the first respondent to convene the meeting of community and appoint trust board for Puttu Urchava Vagira Kattalai, Puttu Thoppu Madurai as well as Fit Person among the members of the community. For Petitioner : Mr.T.N.Rajagopalan, For Mr.M.V.Venkataseshan For Respondents 1to3 : Mr.VR.Shanmuganathan, Special Government Pleader For Respondent No.4 : Mr.M.Saravanan COMMON ORDER The Writ Petition in W.P.(MD)No.16802 of 2019 is for a Writ of Mandamus, directing the respondents to appoint three persons among the representatives of the petitioner's community of Vaniya Vaisya Chettiar Madurai, as trustees to Arulmighu Puttu Chokkanathar Thirukoil, Puttu Urchava Kattalai, Puttuthoppu, Madurai Town and District.

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2. According to the petitioner, as per the Scheme framed for this purpose, two of the community people of Vaniya Vaisya Chettiar of Madurai, shall be appointed as trustees. The Joint Commissioner (Administration) of Hindu Religious and Charitable Endowments, Madurai, is the authorised person to appoint the trustees.

3. Considering the limited prayer to appoint the trustees as per the Scheme framed for this purpose, this Court directs the Joint Commissioner (Administration), Hindu Religious and Charitable Endowments, Madurai, to appoint trustees among the Vaniya Vaisya Chettiar community, as per the Scheme, within a period of four months from the date of receipt of a copy of this order.

4. It is submitted by both parties that Puttu Urchava Kattalai is scheduled on 09.09.2019. Since the Fit Person appointed by the Joint Commissioner is conducting the function, the petitioner's community people want to involve themselves in the Kattalai.

5. Considering the request made by the parties, a direction is given to the petitioner to appear before the Joint Commissioner (Administration)/Joint Commissioner, Arulmighu Meenakshi Amman Temple, In-charge of the Administration, on 07.09.2019. The Joint Commissioner is directed to select three representatives from the community to participate in the function and to do such other activities, as may be permitted by the Joint Commissioner.

6. The Writ Petition in W.P.(MD)No.16802 of 2019 stands disposed of with the above direction. No costs. Consequently, connected W.M.P.(MD)No.13404 of 2019 is closed.

7. In view of the order passed in W.P.(MD)No.16802 of 2019, W.P.(MD)No.15107 of 2019 stands closed. No costs. Consequently, connected W.M.P.(MD)Nos.11614 and 11615 of 2019 are closed.

8. The learned Special Government Pleader appearing for the respondents 1 to 3 is directed to inform the Joint Commissioner (Administration)/Joint Commissioner, Arulmighu Meenakshi Amman Temple, In-charge of the Administration, to comply with this order, without waiting for the certified copy of the order. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) 3/4

To Ellis Nagar, Madurai-625 016.

Ellis Nagar, Madurai-625 016.

Madurai-01.

+2 CC to M/s.M. V. VENKATASESHAN, Advocate ( SR-85463[F] dated 05/09/2019 ) Common Order made in Dated:- 05.09.2019 SML JMN(05.09.2019) 4P : 7C 4/4