Madras High CourtWP(MD)/8954/2016disposed of

P.Chidambaram v. N.Athinarayana Perumal

2016-04-29Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.8954 of 2016 and W.M.P.(MD).Nos.7137 and 7138 of 2016 **** P.Chidambaram ... Petitioner/6th respondent Vs.

1.N.Athinarayana Perumal 2.T.Parthasarathy 3.T.Vardharaj 4.R.Chidambaranathan 5.J.Janarthanam 6.A.Ramchandra Nadar 7.T.Vivekananthan 8.N.Jeyaraj 9.I.Ponrangan 10.S.Manickadurai 11.Thamarai Pushpam 12.The Executive Officer, Arulmigu Chidambaraeswarar Temple, Chettiapathu, Tiruchendur Taluk, Tuticorin District.

13.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Tirunelveli District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records from the 13th respondent in the Original Application in O.A.No.2 of 2016 and quash the same. For petitioner : Mr.K.Gokul For R.13 : Mr.M.Rajarajan Government Advocate For R.12 : Mr.M.Muthugeethaiyan ******** https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition has been filed challenging the notice issued by the Department in respect of an enquiry in an Original Application No.2 of 2016.

2. It is now brought to the notice of this Court by the learned Counsel for the official respondents that the petitioner has already entered appearance through his Advocate in the Original Application No.2 of 2016, on 06.04.2016, before the authority concerned and thereafter, it was posted on 24.04.2016 and it was finally adjourned to 01.06.2016. He further submitted that the Original Application will be tried just like a suit. If it is the grievance of the petitioner that the necessary parties have not been impleded, it is open to him to file necessary application to that effect before the authority concerned. Being a party in that Original Application, where, he raised his objections before the authority concerned and when a matter is pending for consideration, in which, he has also a right to contest, he cannot question the notice issued by the official respondents through this Writ Petition.

With the above observation, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

ssm To 1.The Executive Officer, Arulmigu Chidambaraeswarar Temple, Chettiapathu, Tiruchendur Taluk, Tuticorin District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli District.

+1 cc to Mr.M.Muthugeethaiyan,Advocate, SR No.25640 RG.AN-MP 18.05.2016 2P.4C W.P(MD).No.8954 of 2016 29.04.2016 https://hcservices.ecourts.gov.in/hcservices/