Madras High CourtWP(MD)/5364/2016dismissed as infructuous

Pandiyarajan, v. The Secretary To Government,

2016-07-27Honourable Mr Justice M. Venugopal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)Nos.5364,5365,5386,5388,5338,5339,4742 and 4743 of 2016 and W.M.P(MD)Nos.4814, 4815,4816,4835,4836,4839,4793, 4794,4795,4796,4281 and 4282 of 2016 PANDIYARAJAN ... PETITIONER in WP(MD)Nos.5364 & 5365 of 2016 SARAVANA PANDIAN ... PETITIONER in WP(MD)Nos.5386 & 5388 of 2016 R.RAMESH POOJARI ... PETITIONER in WP(MD)Nos.5338 & 5339 of 2016 P. SIVAJI POOSARI ... PETITIONER in WP(MD)Nos.4742 & 4743 of 2016 -VS1 THE SECRETARY TO GOVERNMENT, TOURISM CULTURE AND ENDOWMENT DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009.

2 THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MAHATMA GANDHI SALAI, CHENNAI- 600 034.

3 THE JOINT COMMISSIONER, ADMINISTRATION DEPARTMENT, MADURAI.

4 THE DEPUTY COMMISSIONER/EXECUTIVE OFFICER, ARULMIGU SUBRAMANIASWAMY KOVIL, THIRUPPARANKUNDRAM, MADURAI.

... RESPONDENTS in WP(MD) Nos.5364 and 1 THE GOVERNMENT OF TAMILNADU, REP. BY ITS PRINCIPAL SECRETARY, TOURISM CULTURE AND CHARITABLE (ANI3-1) DEPARTMENT, FORT.ST.GEORGE, SECRETARIAT, CHENNAI 600 009.

2 THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, CHENNAI- 600 034.

3 THE JOINT COMMISSIONER, ADMINISTRATION DEPARTMENT, MADURAI-625 001.

4 THE DEPUTY COMMISSIONER/EXECUTIVE OFFICER, ARULMIGU SUBRAMANIASWAMY KOVIL, THIRUPPARANKUNDRAM, MADURAI DISTRICT.

... RESPONDENTS in WP(MD)Nos.5386 and 1 THE SECRETARY TO GOVERNMENT TOURISM CULTURE AND HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, FORT ST.GEORGE,CHENNAI- 9.

2 THE COMMISSIONER, THE HINDU RELIGIOUS & CHARITABLE ENDOWMENTS(ADMN) DEPARTMENT, NO. 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI- 34.

3 THE JOINT COMMISSIONER, THE HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, MADURAI- 1.

4 THE EXECUTIVE OFFICER, ARULMIGU SUBRAMANIASWAMY TEMPLE, THIRUPPARANKUNDRAM, MADURAI DISTRICT.

... RESPONDENTS in WP(MD) Nos.5338 and 1 THE STATE OF TAMILNADU, REP. BY ITS PRINCIPAL SECRETARY(I/C), DEPARTMENT OF TOURISM, CULTURAL AND RELIGIOUS ENDOWMENTS, FORT. ST. GEORGE, CHENNAI 600 009.

2 THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CHENNAI.

3 THE DEPUTY COMMISSIONER/EXECUTIVE OFFICER, ARULMIGHU SUBRAMANIA SWAMI THIRUKOIL, THIRUPARANKUNDRAM, MADURAI -625 020. ... RESPONDENTS in WP(MD) Nos.4742 and

Prayer in WP(MD)No.5364 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records of the 1st respondent vide G.O.(Pa)No.41, Tourism, Cultural and Endowment (HR3-1) Department, dated 02.03.2016, quash the same. Prayer in WP(MD)No.5365 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records of the 1st respondent vide Charge Memo Letter No. 15104/ Charitable Endowment 3-1/2015-1, dated 02.03.2016, quash the same. Prayer in WP(MD)No.5386 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 1st respondent in G.O.(Pa)No.41, dated 02.03.2016, quash the same.

Prayer in WP(MD)No.5388 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 1st respondent in Letter No.15104/ANi3-1/2015-1, dated 02.03.2016, quash the same. Prayer in WP(MD)No.5338 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records relating to the impugned order passed by Secretary to Govt., Tourism, Culture and Hindu Religious and Charitable Endowments Department, Chennai9, the 1st respondent herein under Sec. 53 of the Act 22 of 1959 issued in Lr. No. 15104/RE 3-1/ 2015- 1, Dt.02.03.2016 and quash the same.

Prayer in WP(MD). 5339/ 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records relating to the impugned order passed by Secretary to Government, Tourism, culture and Hindu Religious and Charitable Endowments department, Chennai9, the first respondent herein under sec.53 of the Act 22 of 1959 in relating to placing the petitioner under interim suspension by issuing G.O.No.41, Tourism, Culture and Hindu Religious and Charitable Endowments department, Dt.02.03.2016 and quash the same.

Prayer in WP(MD)No.4742 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI to call for the records relating to the impugned charge memo bearing Lr.No.15104/ 3-1/2015 of the 1st respondent and calling for explanation from the petitioner in respect of the Temple Arulmighu Pandimuneeswarar Thirukoil, Melamadal, Madurai as a Hereditary Trustee, dated 02.03.2016 which

was delivered to the petitioner at about 12.30 p.m. on 07.03.2016 through the Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai and quash the same in so far as the petitioner is concerned.

Prayer in WP(MD)No.4743 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records relating to the order of suspension, suspending the petitioner from the post of Hereditary Trusteeship in Arulmighu Pandimuneeswarar Thirukoil, Melamadai, Madurai made in Government Order (Pa) No.41 dated 02.03.2016 which was delivered to him through the Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai on 07.03.2016 at about 12.30 p.m., and quash the same in so far as the petitioner is concerned.

For Petitioner : M/s.J.Anandhavalli in W.P(MD)Nos.5364 and 5365 of 2016 in WP(MD)Nos.5386 and 5388 of 2016 : M/S.N.S.Thiruvengadam for Mr.R.G.Shankar Ganesh in WP(MD)Nos.5338 and 5339 of 2016 : MR. A.Pushpanathan in WP(MD)Nos.4742 and 4743 of 2016 For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader in WP(MD) Nos.5364/2016, 5365/2016, 5386/2016, 5388/2016, 5338/2016 and 5339/2016 : Mr.V.Muruganandam, for RR1 & 2 Mr.S.Manohar, for R3 in WP(MD)Nos.4742/2016 and 4743/2016 COMMON ORDER The learned counsel for the petitioners have submitted before this Court that the relief sought for in these Writ Petitions have become infructuous and also made endorsements to that effect.

2.In view of the same, these Writ Petitions are dismissed as infructuous. Consequently, connected Miscellaneous Petitions are dismissed. No costs.

sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar vsn To 1.THE SECRETARY TO GOVERNMENT, TOURISM, CULTURE AND ENDOWMENT DEPARTMENT, FORT ST.GEORGE, SECRETARIAT, CHENNAI- 600 009.

2 THE GOVERNMENT OF TAMILNADU, REP. BY ITS PRINCIPAL SECRETARY, TOURISM CULTURE AND CHARITABLE (ANI3-1) DEPARTMENT, FORT.ST.GEORGE, SECRETARIAT, CHENNAI 600 009.

3.THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MAHATMA GANDHI SALAI, CHENNAI - 600 034. 4.THE JOINT COMMISSIONER, ADMINISTRATION DEPARTMENT, MADURAI.

5.THE DEPUTY COMMISSIONER/EXECUTIVE OFFICER, ARULMIGHU SUBRAMANIASWAMY KOVIL, THIRUPPARANKUNDRAM, MADURAI.

+1CC TO MR.S.MAHONAR, ADVOCATE SR.NO.40346 +1CC TO MR.V.V.SITHARANJANDAS, ADVOCATE SR.NO.39662 +2CC TO MR.J.ANANTHAVALLI, ADVOCATE SR.NO.40104, 40105 CSL/SK/SKN/11.8.16:5P-10C W.P.(MD)Nos.5364,5365,,5386, 5388,5338,5339,4742 and 4743 of 2016 and W.M.P(MD)Nos.4814, 4815,4816,4835,4836,4839,4793,4794, 4795,4796,4281 and 4282 of 2016 27.07.2016