Lingaraj R v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.15335 of 2023 R.Lingaraj .. Petitioner v.

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Madurai District.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, B-1 Road, Ellis Nagar, TANGEDCO Opposite, Madurai - 625 016.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records of the second respondent dated 10.07.2023 in Na.Ka.No.38/2023-3/E3 and quash the same.

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For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.P.Subba Raj, Special Government Pleader *****

ORDER

As against the notice calling for applications for appointing nonhereditary trustees to Arulmigu Kalyana Sundara Vinayagar Temple, the petitioner has filed this writ petition.

2.According to the petitioner, five community people of the Village are in the administration of the Temple. However, they have not filed any application before the appropriate authority and got an order to that effect. It is now reported that all the community people have joined together and filed an application before the first respondent / Joint Commissioner u/s. 64(1) of the Hindu Religious and Charitable Endowments Act and the same is pending in O.A.No.20 of 2023.

3.Since the persons claiming right over the Temple have already filed an application and the same is pending from the year 2023, this writ 2/4

petition stands disposed of, with a direction to the first respondent / Joint Commissioner to conclude the proceedings in O.A.No.20 of 2023, on merits and in accordance with law, after affording due opportunity of hearing to the parties concerned, within a period of four months from the date of receipt of a copy of this order.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 27.03.2024 NCC :

Yes / No Internet :

Yes gk To 1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Madurai District.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, B-1 Road, Ellis Nagar, TANGEDCO Opposite, Madurai - 625 016.

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B.PUGALENDHI, J.

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