Madras High CourtWP(MD)/22875/2017dismissed as infructuous

P.R. Muthu @ Muthaiah Pillai v. The Joint Commissioner

2022-04-22Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.19179, 19180 of 2017 and 12174 of 2018 P.R.Muthu @ Muthaiah Pillai ... Petitioner /vs./ 1.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Trichirappalli.

2.The Election Officer/Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Pudukottai.

3.The Executive Officer, Arulmigu Kuttiyandavar & Mariamman Temple, Vambarampatti Village, Thirumayam Taluk, Pudukkottai District.

4.Kannan 5.Kasiviswanathan 6.Shanmugam 7.Sembulingam 8.Mahesh 9.Manikandan 10.Mangudi 11.Manickam 12.Ragupathi 13.Vijaya ... Respondents 1/3

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice issued by the 2nd respondent in the proceedings nil published in the Daily Thanthi News paper on 30.11.2017 in respect of conducting election by secret ballot on 19.12.2017 to appoint non-hereditary trustees to the 3rd respondent temple and quash the same as illegal and without jurisdiction and contrary to the scheme in O.A.No.13/2012/A4 dated 15.05.2014 on the file of the 1st respondent published in the Pudukottai District Gazette dated 30.05.2014 and consequently directing the respondents 1 and 2 to appoint the petitioner as nonhereditary trustee in the 3rd respondent temple as per scheme. For Petitioner : Mr.B.Saravanan For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.G.Madhavan For R4, R6, R7, R9 and R11 to R13 : No appearance For R5 : Mr.V.S.Badrinath For R8 & R10 : Mr.B.Prasanna Vinoth

ORDER

The petitioner has filed this writ petition for a Certiorarified Mandamus to call for the records relating to the impugned notice issued by the 2nd respondent in the proceedings Nil in respect of conduct of election by secret ballot on 19.12.2017 to appoint non-hereditary trustees to the 3rd respondent temple, to quash the same as illegal, without jurisdiction and contrary to the scheme in O.A.No.13/2012/A4 dated 15.05.2014 on the file of the 1st respondent published in the Pudukottai District Gazette dated 30.05.2014 and consequently to direct the respondents 1 and 2 to appoint the petitioner as non-hereditary trustee in the 3rd respondent temple as per scheme.

2.The learned counsel for the petitioner informs this Court that he has no instructions.

3.The learned counsel for the official respondents submits that the writ petition has become infructuous, in the light of the subsequent development and subsequent orders passed by this Court, pursuant to which elections were held. It is further submitted that the said writ petition was also filed by the petitioner for preparing the voters list and that an Advocate Commissioner was appointed, pursuant to which election was also held. 4.Considering the above, nothing survives for further adjudication in this writ petition. Therefore, the writ petition 2/3

stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Trichirappalli.

2.The Election Officer/Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Pudukottai. +1 CC to M/s.B.SARAVANAN, Advocate ( SR-20782[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20879[F] dated 25/04/2022 ) 22.04.2022 SRR(CO) KB(10.05.2022) 3P 5C 3/3