R.Thirunavukarasu, v. The Joint Commissioner,
W.P.(MD)No.6887 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6887 of 2017 and WMP (MD)Nos.5437 & 5438 of 2020 R.Thirunavukkarasu
...Petitioner
Vs.
1.The Joint Commissioner, Hindu Religious Charitable & Endowments Department, Mayiladuthurai.
2.The Assistant Commissioner/ The Executive Officer, A/m.Naganadhaswamy Temple, Thirunageswaram - 612 204, Thanjavur District.
3.The Inspector, Hindu Religious Charitable & Endowments Department, Thiruvidaimarudhur, Thanjavur District.
...Respondents
PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of 1st respondent in Se.Mu.Na.Ka.11742/2016/Aa1 dated 14.03.2017, quash the same.
For Petitioner : M/s.K.K.Senthil For Respondents : For R1 and R3 - Mr.V.R.Shanmuganathan For R2 - Mr.V.Chandrasekaran
O R D E R
Heard both sides.
2. What is under challenge is the order appointing the fit person. It is not in dispute that the first respondent without putting the petitioner on notice, passed the impugned order.
3. The learned counsel for the petitioner undertakes that the petitioner will not alienate or encumber the trust properties.
4. Recording the said undertaking, the impugned order is https://hcservices.ecourts.gov.in/hcservices/ 1/4
W.P.(MD)No.6887 of 2017 quashed. The matter is remitted back to the first respondent to pass fresh orders in accordance with law. The Writ Petition is allowed. No costs.Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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 Joint Commissioner, Hindu Religious Charitable & Endowments Department, Mayiladuthurai.
2.The Assistant Commissioner/ The Executive Officer, A/m.Naganadhaswamy Temple, Thirunageswaram - 612 204, Thanjavur District.
3.The Inspector, Hindu Religious Charitable & Endowments Department, Thiruvidaimarudhur, Thanjavur District.
W.P.(MD)No.6887 of 2017 and WMP (MD)Nos.5437 & 5438 of 2020 03.08.2020 KK(07.08.2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4