Madras High CourtWP(MD)/9998/2016dismissed

Senthilvel, S/O.A.Ganesan v. The Joint Commissioner

2016-09-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.9998 of 2016 and W.M.P(MD)No.7875 of 2016 Senthilvel ... Petitioner Vs.

1.The Joint Commissioner, HR & CE Department, Tirunelveli.

2.The Assistant Commissioner, HR & CE Department, Tirunelveli.

3.The Managing Director, (Thakkar), Arulmigu Sankara Rameswarar tirukkoil, Thoothukudi.

4.Subbiah, Trustee, Sri Vadapathirakaliamman Trust, Thoothukudi.

5.Balakrishnan, Trustee, Sri Vadapathirakaliammn Trust, Thoothukudi. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the impugned order, dated 20.04.2016 in I.A.No.1 of 2015 in Revision Petition No.2 of 2015 on the file of the 1st respondent and quash the same. For Petitioner : Mr.G.Prabhu Rajadurai For R-1 & R-2 : Mr.V.Muruganandham, Additional Government Pleader For R-3 : Mr.M.Muthugeethayan https://hcservices.ecourts.gov.in/hcservices/ For R-4 & R-5 : No Appearance

ORDER

The present Writ Petition has been filed by the petitioner challenging the order passed by the Joint Commissioner, HR & CE Department, Tirunelveli, appointing the Fit Person.

2. Against the order passed by the Joint Commissioner under Section 21(A) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, an appeal lies before the Commissioner, HR & CE, Department, under Section 21 of the Act. Hence, this Writ Petition is not maintainable.

3. In the result, the Writ Petition is dismissed. However, liberty is given to the petitioner to file an appeal before the Commissioner, HR & CE Department, if he is so advised. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar pm To 1.The Joint Commissioner, HR & CE Department, Tirunelveli.

2.The Assistant Commissioner, HR & CE Department, Tirunelveli.

+1 cc to Mr.G.PRABHU RAJADURAI,Advocate, Sr.No: 52102 +1 cc to Mr.M.MUTHUGEETHAYAN ,Advocate, Sr.No: 51798 +1cc to M/S Special Government Pleader, Sr No.51964 JAM/DB/28.09.16 /2P-6C W.P(MD)No.9998 of 2016 12.09.2016 https://hcservices.ecourts.gov.in/hcservices/