Adaikalam. C v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY C.Adaikalam ... Petitioner Vs.

1.The Commissioner, The Hindu Religious and Charitable Endowment, Chennai.

2.The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Thanjavur.

3.The Assistant Commissioner, The Hindu Religious and Charitable Endowment Department, Thanjavur.

4.The Executive Officer/Thakkar, Having Office at, Arulmigu Purathavaneswarar Temple, Thiruchitrambalam, 1/6

5.The Executive Officer/Thakkar, Having office at, Arulmigu Durgaiamman Temple, Palathali, Pattukkottai Taluk, 6.Rengasamy 7.S.Natarajan ... Respondents (R-5, R-6 and R-7 are impleaded vide Court Order dated 07.08.2023 in WMP(MD).No.14898 of 2023 and WMP(MD).No.15512 of 2023 in W.P.(MD).No.16165 of 2023) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to implement the order of appointing fit person to Arulmigu Ayyanar, Arulmigu Dhandayuthabani, Arulmigu Subramaniaswamy, Arulmigu Muthu Mariamman Swamy, Arulmigu Pidariamman Temple, Neyveli Vadapathi, Orathanadu Taluk, Thanjavur District in proceedings Se.Mu.Na.Ka. 1599/2013/A6 dated 10.03.2015 of the third respondent, by taking over the management of the fourth respondent temples, within time frame as fixed by this Court.

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For Petitioner : Mr.A.M.Ramanathan For R-1 to R-5 : Mr.S.P.Maharajan, Special Government Pleader.

For R-7 : Mr.K.VijayaRaghavan

ORDER

This Writ Petition is filed for Mandamus, directing the respondents 1 to 3 to implement the order dated 10.03.2015 passed by the third respondent, by taking over the management of the fourth respondent temples.

2. This prayer cannot be granted, since already impugned proceedings dated 10.03.2015 is set aside by this Court in W.P.(MD)No.6818 of 2015 vide order dated 29.04.2015. The operative portion of the order is extracted hereunder:

"6. In view of the said submission, order impugned herein, dated 10.03.2015 passed by the third respondent is set aside. The third respondent is directed to give notice to the petitioners and other interested parties, if any, within three weeks from the date of receipt of a copy of this order. On receipt of the notice, the petitioner shall file objections within two weeks and on such filing, the third respondent shall given them an opportunity of personal hearing and 3/6

pass appropriate orders afresh on merits and in accordance with law within a period of four weeks thereafter".

3. Therefore, this Writ Petition cannot be entertained. Hence, this Writ Petition is dismissed. There shall be no order as to costs. 26.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr Note: Issue Order Copy on 04.10.2023.

To 1.The Commissioner, The Hindu Religious and Charitable Endowment, Chennai.

2.The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Thanjavur.

3.The Assistant Commissioner, The Hindu Religious and Charitable Endowment Department, Thanjavur.

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4.The Executive Officer/Thakkar, Having Office at, Arulmigu Purathavaneswarar Temple, Thiruchitrambalam, 5.The Executive Officer/Thakkar, Having office at, Arulmigu Durgaiamman Temple, Palathali, Pattukkottai Taluk, 5/6

S.SRIMATHY, J.

Nsr 26.09.2023 6/6