M.Arulanandham v. K.Ramesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and CMP(MD)No.8841 of 2024 M.Arulanantham ... Appellant vs.

1. K.Ramesh

2. The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endownments Department, Ellis Nagar, Madurai.

3. The Revenue Divisional Officer Thirumangalam, Madurai District.

4. The Tahsildar, Thirumangalam, Madurai District.

5. Mani Thevar

6. N.Archunan

7. K.Palani

8. Sandhanam

9. Alliraja Page No.1 of 5

10. Sivakumar

11. K.Joseph Sekar

12. Mayil Murugan

13. K.Sekar

14. Kalaivanan ... Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 04.09.2023 made in W.P(MD)No.19286 of 2023. For Appellants : Mr.S.Manohar For R1 : Mr.R.G.Shankar Ganesh For R2 to R4 : Mr.P.T.Thiraviam, Government Advocate

JUDGMENT

(Judgment of the Court was made by R.SURESH KUMAR, J.) In this appeal, the appellant is concerned only with regard to Arulmighu Ekanathar Temple which is one among the 10 temples situated in the particular village.

2.

Insofar as Ekanathar Temple is concerned, the appellant had been the Managing Trustee as claimed by him. That trusteeship seems to have been cancelled by the order of HR & CE Department which was challenged before the Writ Court in W.P(MD)No.1738 of 2024. The said writ petition having been entertained by the Writ Court, by order dated 30.01.2024, the Writ Court Page No.2 of 5

had granted an interim order of stay as well as injunction as prayed for by the writ petitioner who is none other than the present appellant. 3.

Therefore, insofar as Ekanathar Temple is concerned, the position of the present appellant as a Managing Trustee is continuing by virtue of the interim order passed by the Writ Court as stated supra. 4.

Insofar as other temples are concerned, as against the order impugned in this writ appeal as submitted by the learned counsel appearing for the appellant, the appellant does not have any grievance. Hence, the impugned order dated 04.09.2023 passed by the learned Judge in W.P(MD)No.19286 of 2023, is confined only to other 9 temples except Ekanathar Temple and in respect of those 9 temples, it is open to the parties concerned to act upon as per the order passed by the Writ Court dated 04.09.2023 made in W.P(MD)No. 19286 of 2023, which is impugned herein.

5.

With regard to Ekanathar Temple is concerned, the present appellant since already filed the said writ petition in W.P(MD)No.1738 of 2024, where, he was able to get an order in his favour, he can work out his remedy in the said writ petition.

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6.

By making these observations, this Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K., J.) (G.A.M., J.) 15.07.2024 Index : Yes / No : Yes / No bala To

1. The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endownments Department, Ellis Nagar, Madurai.

2. The Revenue Divisional Officer Thirumangalam, Madurai District.

3. The Tahsildar, Thirumangalam, Madurai District.

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R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

bala JUDGMENT MADE IN DATED : 15.07.2024 Page No.5 of 5