M.Vadivel Pillai v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021

CORAM

THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD)Nos. 9216 of 2015 and 3556 of 2017 and W.M.P.(MD)No.1 of 2015 W.P(MD)Nos. 9216 of 2015 G. Murugesan ... Petitioner Vs.

1. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Madurai.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Madurai.

3. The Inspector, Madurai South, Hindu Religious and Charitable Endowment, Madurai.

4.M.V. Radha Krishnnan ... Respondents (R4 is impleaded vide Court order dated 27/07/2017) W.P(MD)No 3556 of 2017

1. M. Vadivel Pillai

2. M. V. Radhakrishnan Pillai ... Petitioners Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai - 625 001.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madurai - 625 001.

4. G. Murugesan ... Respondents 1/4

PRAYER in W.P(MD)No. 9216 of 2015 : Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the first respondent in Na.Ka.No.949/2009/E3 dated 27.05.2015 and quash the same as illegal and consequently forbear the respondents from in anyway interfering with the administration of the petitioner's temple viz Thaliyari Gurunathan Temple, Madurai, and pass orders.

PRAYER in W.P(MD)No. 3556 of 2017 : Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the third respondent to appoint fit person to Arulmigu Thalayari Gurunathasamy Temple, situated at West Masi Street, Madurai Town to safeguard the Manibam lands endowed to the temple and the immovable properties of the temple from further alienation by considering the representation of the petitioners dated 03.05.2016 within the period may be stipulated by this court and pass orders.

W.P(MD)Nos. 9216 of 2015 For Petitioner :

Mr. Mahaboob Athiff for Mr. Ajmal Khan, Senior counsel for AjmalAssociates For Respondents : Mr. A. Baskaran Assistant Government Pleader for R1 to R3 Dr. C. Guhaseelarupan for R4 W.P(MD)No. 3556 of 2017 For Petitioners : Dr. C. Guhaseelarupan For Respondents : Mr. A. Baskaran Assistant Government Pleader for R1 to R3 Mr. Mahaboob Athiff for Ajmal Associates for R4 COM M O N O R D E R This common order will govern the captioned two main writ petitions and the captioned miscellaneous petition therein.

2. W.P.(MD) No. 9216 of 2015 shall be referred to as Senior WP petition and W.P.(MD) No. 3556 of 2017 shall be referred to as Junior WP petition, for the sake of convenience and clarity.

3. Mr. M. Mahaboob Atiff, learned counsel for the writ petitioner in senior wp and 4th respondent in junior wp, Mr. C. 2/4

Guhaseelarupan, learned counsel for the writ petitioners in the junior wp, Mr. A. Baskaran, learned Additional Government Pleader for respondents 1 to 3 (official respondents) in senior and junior wps are before me.

4. Captioned matters pertain to a Temple which goes by the name Arulmigu Thaliyari Gurunadaswami Thirukkoil Temple, situate at South Masi Street, Madurai City/Taluk Madurai District (hereinafter referred to as 'said Temple' for the sake of convenience and clarity).

5. In the senior wp, a notice dated 27.05.2015 bearing reference Na.Ka.No.949/2009/E3, which is in the nature of a show cause notice calling for explanation as to why a Fit Person should not be appointed for said Temple has been assailed. In the junior w.p., a mandamus has been sought for appointment of Fit Person.

6. In the aforesaid backdrop, this court is informed without any disputation or disagreement that a Fit Person has since been appointed qua said temple in and by an order dated 02.03.2018 and to be noted, this order dated 02.03.2018 appointing a Fit Person has been made by the Jurisdictional Assistant Commissioner of Tamil Nadu Hindu Religious and Charitable Endowment Department i.e., Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Madurai and this order has been assailed by way of a separate writ petition W.P.(MD) No.7134 of 2018. To be noted, this writ petition has been filed by the writ petition in senior wp, who is private respondent No. 4 in the junior wp (Mr. G. Murugesan). In W.P.(MD)No. 7134 of 2018, an interim order dated 03.04.2018 qua the order appointing Fit Person to said temple has been made and this court is informed without any disputation or disagreement that this interim order is now operating.

7. The above narrative makes it clear that the captioned two main writ petitions have now served their purpose. In other words, they have worked themselves out and all the issues can be left open to be decided in the aforementioned W.P.(MD)No. 7134 of 2018.

8. W.P.(MD) No. 7134 of 2018 will be heard out in the ensuing week and that is with the consent of all the counsel before me. To be noted, Mr. Mahaboob Atiff, learned counsel submits that he represents the counsel on record for writ petitioner in W.P. 7134 of 2018 also.

9. In light of the narrative thus far and the trajectory the matters have taken, captioned writ petitions are disposed of as closed. Though obvious, it is made clear that I have not expressed any opinion or view on the merits of the matter in this order as all questions are left open (including rival contentions) to be thrashed out legally in the aforementioned third writ petition i.e., W.P.(MD) No. 7134 of 2018 in the ensuing week. Consequently captioned writ 3/4

miscellaneous petition is also disposed of as closed. There shall be no order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.

2. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Madurai.

3. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Madurai.

4. The Inspector, Madurai South, Hindu Religious and Charitable Endowment, Madurai.

+1CC to SPL.GP.(SR.No.37595) W.P(MD)Nos. 9216 of 2015 and 3556 of 2017 and W.M.P.(MD)No.1 of 2015 06.12.2021 MGJ(31.12.2021) 4P 6C 4/4