Mr.K. Arumugam Asari v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD) No.4180 of 2015 and M.P.(MD)Nos.2 to 4 of 2015 Mr.K.Arumugam Asari ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli District.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Tuticorin District.
4.Executive Officer/Fit Person, Arulmigu Swamy Chidambareswarar Thirukovil, Chettiyapathu, Thiruchendur Taluk, Tuticorin District.
5.The Branch Manager, Canara Bank, Muthaloor, Tuticorin District.
6.Mr.S.Sivakumar 7.The Inspector of Police, Thaddarmadam Police Station, Thaddarmadam, Sathankulam Taluk, Tuticorin District.
... Respondents 1/3
PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorari, calling for the records relating to the Order in Na.Ka.No.255/2015-2/A2 dated 10.02.2015 passed by the 3rd respondent and quash the same. For Petitioner : Mr.M.Arumugam for Mr.B.Rajesh Saravanan For Respondents : Mr.M.Lingadurai, Special Govt. Pleader for R1 to R3 & R7 Mr.Muthugeethayan for R4 No Appearance for R5 & R6
O R D E R
Mr.M.Lingadurai, learned Special Government Pleader on behalf of respondents 1 to 3 who represents the office of Additional Public Prosecutor Office also on behalf of the seventh respondent (jurisdictional Inspector of Police), Mr.Muthugeethayan, learned private counsel on behalf of fourth respondent (Executive Officer/Fit person of the temple concerned) and Mr.M.Arumugam, learned counsel representing Mr.B.Rajesh Saravanan, learned counsel on record for writ petitioner are before me.
2. Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 11.11.2021, which reads as follows:
'Learned counsel (Mr.Rajesh Saravanan) submits that he has returned the case papers to the writ petitioner with consent for change of vakalat. This submission is recorded.
2.REgistry to verify if any new counsel has entered appearance and do the needful.
3.List three weeks hence.
4.List on 02.12.2021.'
3.Learned counsel Mr.M.Arumugam, representing Mr.B.Rajesh Saravanan, learned counsel on record for writ petitioner reiterates the submission made in the earlier listing i.e., he says that the case papers have been returned to the writ petitioner with consent for change of vakalat. This Court is informed by the Registry that no new counsel has entered appearance. Be that as it may, learned State Counsel and learned private counsel for Executive Officer of the temple submit in one voice that lone writ petitioner is no more and that his demise was about 7 months ago.
4. Recording aforementioned submission and noticing that no steps have been taken, captioned writ petition is disposed of as closed as the same has abated. Consequently, connected writ 2/3
miscellaneous petitions are also disposed of as closed. There shall be no order as to costs.
Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) vsm To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli District.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board,Tuticorin District.
4.The Inspector of Police, Thaddarmadam Police Station, Thaddarmadam, Sathankulam Taluk,Tuticorin District.
5.Executive Officer/Fit Person, Arulmigu Swamy Chidambareswarar Thirukovil, Chettiyapathu, Thiruchendur Taluk, Tuticorin District.
6.The Branch Manager, Canara Bank, Muthaloor, Tuticorin District.
+1 CC to M/s.M.MUTHU GEETHAYAN, Advocate ( SR-37129[F] dated 02/12/2021 ) W.P(MD)No.4180 of 2015 and M.P.(MD)Nos.2 to 4 of 2015 02.12.2021 RD(14.12.2021) 3P 8C 3/3