Gowri Sankar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) Nos.18715 & 17662 of 2023 and W.M.P.(MD)No.14758 of 2023 In W.P(MD)No.18715 of 2023:

Gowri Sankar ... Petitioner Vs.

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... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 2nd and 3rd respondents to consider the application of the petitioner for getting appointed as Trustee of the 4th respondent temple without any political interference by giving opportunity of hearing to the petitioner.

For petitioner : No appearance For respondents : Mr.S.Subbaraj Special Government Pleader for R1 to R4 Mrs.J.Saranya for R5 In W.P.(MD)No.17662 of 2023:

M.Jayasaravanabalaji ... Petitioner Vs.

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5.Muniyandi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to forbear the respondents 2 to 4 from politically appoint and nominate the 5th respondent as trustee of the 4th respondent temple and further direct the respondents 2 to 4 for formulating a meeting among the villagers and the devotees of the 4th respondent temple for the purpose of democratically constituting and appointing the trustees to the 4th respondent temple by considering the representation of the petitioner. For petitioner : Mr.K.R.Laxman For respondents : Mr.S.Subbaraj Special Government Pleader for R1 to R4 Mrs.J.Saranya for R5 ***** COMMON ORDER By this common order, both the Writ Petitions have been disposed of.

2. Heard learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 4 and the learned counsel for the fifth respondent.

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3. These two Writ Petitions have been filed for the following reliefs: W.P.(MD)No.

18715 of 2023 To direct the 2nd and 3rd respondents to consider the application of the petitioner for getting appointed as Trustee of the 4th respondent temple without any political interference by giving opportunity of hearing to the petitioner.

W.P(MD)No.

17662 of 2023 To forbear the respondents 2 to 4 from politically appoint and nominate the 5th respondent as trustee of the 4th respondent temple and further direct the respondents 2 to 4 for formulating a meeting among the villagers and the devotees of the 4th respondent temple for the purpose of democratically constituting and appointing the trustees to the 4th respondent temple by considering the representation of the petitioner.

4. The learned counsel for the official respondents/respondents 1 to 4 would submit that the respective petitioners' representations/applications will be considered and disposed of on merits and in accordance with law.

5. Recording the above, the Court is inclined to dispose of these two Writ Petitions.

6. Needless to state, before disposing of the representations/applications of the respective petitioners, the newly impleaded respondent no.5/P.Muniyandi in W.P.(MD)No.18715 of 2023 shall also be heard. 4/6

These Writ Petitions are disposed of, with above directions. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 21.06.2024 Internet : Yes / No (2/2) apd To 5/6

C.SARAVANAN, J.

apd W.P.(MD) Nos.18715 & 17662 of 2023 21.06.2024 (2/2) 6/6