Madras High CourtWP(MD)/20369/2024dismissed as infructuous

Manivannan .S v. The Commissioner

2024-10-03Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD).Nos.17276 and 17277 of 2024 S.Manivannan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Board, No.119, Uthamar Gandhi Street, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, No.60, Muthusamy Nagar, Sivagangai - 630 561.

3.The Fit Person / the Assistant Commissioner, Arulmighu Koppudaiya Nayagi Amman Temple, Karaikudi, Sivagangai District.

4.The Executive Officer, Arulmighu Koppudaiya Nayagi Amman Temple, Karaikudi, Sivagangai District.

5.S.Meiyar

...Respondents

(R-5 is impleaded vide Court order dated 29.08.2024 in W.M.P.(MD).No.17544 of 2024 in W.P.(MD).No.20369 of 2024) 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned notification issued by the 2nd respondent herein vide proceedings in tp.nt.vz;.63/2024/nr.k.njh.m/rptfq;if/ehs; 05.06.2024 published in Dhinakaran Daily Newspaper Sivagangai Edition on 06.06.2024 (calling for application to appoint Non-Hereditary Trustee of Arulmighu Koppudaiya Nayagi Amman Temple, Karaikudi) and quash the same as illegal and against the scheme framed in A.S.Nos.116 and 117 of 1956 on the file of this Court and further direct the 2nd respondent herein to issue fresh notification in accordance with the scheme.

For Petitioner : Mr.V.Meenakshi Sundaram for Mr.S.Rajesh Kanna For R-1 to R-3 : Mr.K.S.Selvaganesan Additional Government Pleader For R-4 : Mr.V.Chandrasekar For R-5 : Mr.R.G.Shankar Ganesh

ORDER

Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the Writ Petition has become infructuous in view of the order passed by the Government in G.O.No.259, Tourism, Culture and Religious Endowments Department, dated 24.09.2024, whereby, two non-hereditary trustees were appointed for the subject temple. It was thus 2/4

submitted that the Writ Petition may be closed with liberty to the petitioner to challenge the order dated 24.09.2024.

2. Recording the same, the Writ Petition is closed as infructuous. Liberty is granted to the petitioner to challenge the order dated 24.09.2024 in the manner known to law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 03.10.2024 Index : Yes / No Internet : Yes/ No Lm To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, No.119, Uthamar Gandhi Street, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, No.60, Muthusamy Nagar, Sivagangai - 630 561.

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MOHAMMED SHAFFIQ , J.

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