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Madras High CourtCRP(MD)/2251/2018disposed of

A/M.Chidambara Vinayagar v. M.Narayana Pillai,

2018-10-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.2251 of 2018 and C.M.P.(MD).No.10112 of 2018 Arulmighu Chidambara Vinayagar Temple Kalliancaud, also called Chidambarapuram, Aloor Pakuthi, represented by Advocate /Receiver M.Balasubramoniam ... Revision Petitioner Vs 1.M.Narayana Pillai 2.N.Maharajan ... Respondents PRAYER : Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 19.09.2018, in I.A.No.85 of 2018 in O.S.No.82 of 1124 M.E., on the file of the Principal Sub Court, Nagercoil.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.D.Saravanan

ORDER

There is a scheme decree in O.S.No.82/1124 M.E on the file of Subordinate Court, Nagercoil, that governs the administration of Arulmighu Chidambara Vinayagar Temple, Kalliancaud. An Advocate / Receiver manages the temple affairs. Following the removal of the earlier Advocate/Receiver, M.Balasubramoniam was appointed in the year 2011. To remove him from the said office, I.A.No.85 of 2018 was filed by the respondents herein. The Court below by the order impugned in this Civil Revision Petition gave a set of directions. The revision petitioner has been directed to comply with those directions on or before 12.10.2018. Alleging that the time is hardly sufficient, this Civil Revision Petition has been filed. 2.Heard the learned counsel on either side.

3.Considering the facts and circumstances and in the interest of justice, this Court is inclined to grant extension of time to the Advocate /Receiver M.Balasubramoniam to comply with the directions passed by the Court below.

4.The Court below has issued as many as nine directions. The first direction, for furnishing the Register of movable and immovable properties of the Trust, shall be complied with on or before 31.10.2018. The Advocate / Receiver affirms that during his tenure, no property was sold. As regard the particulars of the https://hcservices.ecourts.gov.in/hcservices/

properties already sold and the properties still remaining with the Trust, the Advocate/Receiver seeks time till 30.11.2018 for submitting the details. The Advocate Receiver is in a position to furnish the list of properties which were leased out by him, with the connected details, on or before 31.10.2018. As regards, the details of the lease created by his predecessor he seeks time till 30.11.2018. As regards Direction No.4, the petitioner herein is given time to get a report from a qualified Auditor and submit the same on or before 30.11.2018. The security and solvency directed to be furnished as per Direction No.5, will be furnished on or before 31.10.2018.

5.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar(Records) /True copy/ Sub Assistant Registrar(CS-IV) To The Principal Subordinate Judge, Nagercoil.

+1cc to Mr.D.SARAVANAN, Advocate, SR.No. 90042 +1cc to Mr.G.PRABHU RAJADURAI, Advocate, SR.No.89812 C.R.P.(PD)(MD).No.2251 of 2018 and C.M.P.(MD).No.10112 of 2018 10.10.2018 PNN KK/RP/SAR-4/12.10.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/