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Madras High CourtWA(MD)/952/2023disposed of

Sankaranarayanan v. The Joint Commissioner

2023-06-28Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.7462 of 2023

1. Sankaranarayanan

2. S.Selvaraj

3. S.Arunachala, Avudaiappan

4. S.Muthuvel

5. S.Palanikumar

6. M.Sudalai

7. K.Murugan ... Appellants vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

2. The Executive Officer, Arulmigh Kasi Viswanatha Swami Temple, Tenkasi, Tenkasi District.

... Respondents PRAYER : Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.7179 of 2023 dated 17.04.2023.

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For Appellants : Mr.VR.Shanmuganathan For R1 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.R.Murali

JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The only grievance of the appellants is that while setting aside the order of the 1st respondent appointing the 2nd respondent as fit person of the temple in question, the Writ Court had directed appointment of a committee to be in Management. 2.

Mr.VR.Shanmuganathan, learned counsel appearing for the appellants would submit that already a committee consisting of 7 persons is in management of the temple and that committee can continue till such time the groups of people which are interested in the administration of the temple move appropriate application under the provisions of Section 64 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3.

Considering the nature of the grievance, we only suspend the direction contained in paragraph 9 of the order of the Writ Court 2/4

for a period of six months, by which time, the appellants will move the Joint Commissioner concerned for framing of a scheme. If such application is filed, the Joint Commissioner concerned will dispose of the same within a period of three months therefrom. 4.

With the above direction, the Writ Appeal is disposed of. No costs. Connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 28.06.2023 Index : Yes / No bala To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

2. The Executive Officer, Arulmigh Kasi Viswanatha Swami Temple, Tenkasi, Tenkasi District.

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R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

bala JUDGMENT MADE IN DATED : 28.06.2023 4/4