Arulmigu Kailasanathar Nithya Kalyani Amman Temple v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)Nos.19702 and 19703 of 2024 Arulmigu Kailasanathar Nithya Kalyani Amman Temple, Represented by its Authorized Signatory, Annamalai

...Petitioner

Vs

1. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi, now at Sivagangai.

2. Fit Person, The Inspector, Hindu Religious and Charitable Endowment Department, Karaikudi, Sivagangai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, to call for the records of the impugned order in Na.Ka.No.283/2007/A8 dated 04.02.2007 passed by the first respondent and quash the same. For Petitioner : Mr.R.M.Arunswaminathan For Respondents : Mr.P.Subbaraj Special Government Pleader 1/4

O R D E R

Heard Mr.R.M.Arunswaminathan, learned counsel for the petitioner and Mr.P.Subbaraj, learned Special Government Pleader for the respondents.

2. The challenge to the writ petition lies in the communication from 2007, which appointed a fit person to manage the subject temple.

3. The learned Special Government Pleader appearing for the respondents on instructions submitted that as of today no fit person has been nominated by the Department, and the temple is under public management.

4. The same had been refuted by the learned counsel for the petitioner by submitting that the temple is a denominational temple belonging to a specific community and receives no public contributions.

5. However, the learned counsel for the respondents would submit that the temple falls under the HR and CE department, with an assigned 2/4

number, and that the petitioner subsequently filed a suit in O.S. No. 99 of 2024 before the District Munsif Court, Karaikudi.

6. In view of the specific statement given by the learned Special Government Pleader, no fit person has been appointed by the department as of the current date, no further adjudication is necessary, as the order impugned has become irrelevant.

7. Recording the same, this Writ Petition stands closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

09.12.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paramakudi, now at Sivagangai.

2. Fit Person, The Inspector, Hindu Religious and Charitable Endowment Department, Karaikudi, Sivagangai.

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K.KUMARESH BABU , J.

Nsr 09.12.2024 4/4