Madras High CourtWP(MD)/2947/2011dismissed

K.Ganapathisundara Pattar v. The Joint Commissioner,

2017-02-09Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Writ Petition(MD)No.2947 of 2011 and M.P(MD)No.1 of 2011 K.Ganapathisundara Pattar ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trivandrum Road, Palayamkottai, Tirunelveli -2.

2.The Executive Officer, Arulmigu Threepurantheeswarar Temple, Palayamkottai, Tirunelveli -2.

3.The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli -2.

4.Muthukumar Pattar ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration declaring that the appointment of the fourth respondent by the respondents 1 and 2 as poojari to Arulmigu Threepurantheeswarar Temple, Palayamkottai and its associated temples is void, invalid and bad in law and to direct the respondents 1 and 2 to appoint the petitioner as permanent regular poojari to Threepurantheeswarar Temple, Palayamkottai along with Gomathi Ambal Temple, other minor Deities and the Ayirathamman Temple situated therein in the permanent vacancy which arose out of the retirement of M.Kailasa Pattar after complying with all the formalities.

For Petitioner : No Appearance For R-1 & R-3 : Mr.M.Alagathevan, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

For R-2 : Mr.H.Arumugam For R-4 : No Appearance

ORDER

The prayer made in this Writ Petition is for declaring the appointment of the fourth respondent as poojari to Arulmigu Threepurantheeswarar Temple, Palayamkottai and its associated temples, as void and consequently direct the respondents 1 and 2 to appoint the petitioner as regular poojari.

2. There is no representation for the petitioner.

3. The learned counsel for the second respondent on instructions submitted that pending this writ petition the petitioner has expired on 08.07.2012 and he has also produced a copy of the Death Certificate of the petitioner.

4. In view of the petitioner's death, no fruitful order can be passed in this writ petition. Accordingly, this Writ Petition is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trivandrum Road, Palayamkottai, Tirunelveli -2.

2.The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli -2.

+1 CC to M/s.H.ARUMUGAM, Advocate, SR No. 1669/17 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 7508/17 PM PSM/CM-MSA/22.02.2017/2P/5C W.P(MD)No.2947 of 2011 09.02.2017 https://hcservices.ecourts.gov.in/hcservices/