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Madras High CourtWP(MD)/19975/2020closed

Shalem Ministries Trust v. The Additional Chief Secretary To Government

2023-11-22Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.16638 to 16643 of 2020

1. Shalem Ministries Trust, Rep. by its Managing Trustee, Dr.M.Vedamani 45/1, Sannathi Street, Thiruparankundram, Madurai - 625 005.

... Petitioner in W.P.(MD)No.

19975 of 2020

2. I.David Thomas ... Petitioner in W.P.(MD)No.

19976 of 2020 versus

1. The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowments (RES-1) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Principal Secretary / Commissioner, Hindu Religious and Charitable Endowments Department, 1/7

119, Uthamar Gandhi Road, Nungambakkam, Chennai - 34.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 016.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 16.

5. Arulmigu Subramaniyaswami Thirukovil, Rep. by its Deputy Commissioner/ Executive Officer, Hindu Religious and Charitable Endowments Board, Thiruparankundram, Madurai District.

6. The Commissioner of Police, Madurai City, Tallakulam, Madurai.

7. The Thasildar, Thiruparankundram Taluk, Thiruparankundram, Madurai.

8. The Inspector of Police, Thiruparankundram Police Station, Thiruparankundram, Madurai.

... Respondents in both W.Ps.

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Prayer in W.P.(MD)No.19975 of 2020: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order in M.P.No.98/2018 dated 22.04.2019 on the file of the respondent No.3 and the consequential order in R.P.No.167 and 168/2019 dated 21.03.2020 on the file of the respondent No.2 and its consequential order in G.O.(Ms) No.167 Tourism, Culture and Religious Endowments (RES-1) Department dated 10.12.2020 on the file of the respondent No.1 and the consequential order in Na.Ka.No. 870/2018-1, AA1. Dated 18.12.2020 on the file of the respondent No.4 and quash the same as illegal.

Prayer in W.P.(MD)No.19976 of 2020: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order in M.P.No.98/2018 dated 22.04.2019 on the file of the respondent No.3 and the consequential order in R.P.No.167 and 168/2019 dated 21.03.2020 on the file of the respondent No.2 and its consequential order in G.O.(Ms) No.167 Tourism, Culture and Religious Endowments (RES-1) Department dated 10.12.2020 on the file of the respondent No.1 and the consequential order in Na.Ka.No. 870/2018-1, AA1. Dated 18.12.2020 on the file of the respondent No.4 and quash the same as illegal.

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For Petitioner : Mr.T.Lajapathi Roy, in both W.Ps.

Senior Counsel for Mr.Rajasekar For RR1 to 4 & 7: Mr.P.Subba Raj, in both W.Ps.

Special Government Pleader For R5 in both W.Ps.

: Mr.S.Manohar For R6 : Mr.B.Thanga Aravindh, in both W.Ps.

Government Advocate (Crl. Side) COMMON ORDER These writ petitions have been filed challenging the impugned order passed in M.P.No.98/2018 dated 22.04.2019 on the file of the 3rd respondent and the consequential order passed in R.P.Nos.167 and 168/2019 dated 21.03.2020 on the file of the 2nd respondent and also the Government Order passed in G.O.(Ms) No.167 Tourism, Culture and Religious Endowments (RES-1) Department dated 10.12.2020 on the file of the 1st respondent and the order passed in Na.Ka.No. 870/2018-1, AA1, dated 18.12.2020 on the file of the 4th respondent. 4/7

2. Today, when these writ petitions are taken up for hearing, the learned Senior Counsel appearing for the petitioners submits that the petitioners have filed suits which have been dismissed on technical grounds, against which, they have preferred First Appeals before this Court and they will work out their remedy in the first appeal.

3. Recording the said submission, these writ petitions are closed, with liberty to the petitioners to work out their remedy in the First Appeals. No costs. Consequently, connected miscellaneous petitions are closed.

22.11.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowments (RES-1) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Principal Secretary / Commissioner, 5/7

Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 34.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 016.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 16.

5. The Deputy Commissioner/Executive Officer, Arulmigu Subramaniyaswami Thirukovil, Hindu Religious and Charitable Endowments Board, Thiruparankundram, Madurai District.

6. The Commissioner of Police, Madurai City, Tallakulam, Madurai.

7. The Thasildar, Thiruparankundram Taluk, Thiruparankundram, Madurai.

8. The Inspector of Police, Thiruparankundram Police Station, Thiruparankundram, Madurai.

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B.PUGALENDHI, J.

ogy 22.11.2023 7/7