Writ Petition No. 1816 of 2003 · Madras High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 29-10-2008CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.1816 of 20031.Karuppusamy2.Aruchami3.Ravichandran .. Petitioners. Versus1.Deputy Commissioner Hindu Religious and Charitable Endowments Department, Coimbatore.

Assistant Commissioner Hindu Religious and Charitable Endowments Department, Coimbatore-18.

Fit Person, Arulmigu Kaliamman Temple, Thennamallur Village and Post, Thandamuthur (Via), Coimbatore. .. Respondents. Prayer: This petition has been filed seeking for a writ of Certiorari, calling for the records of the 2nd respondent relating to his proceedings in Se.Mu.Tha.K.No.6560/2000/A6, dated 4.12.2001,quash the same. For Petitioners : No AppearanceFor Respondents : Mr.T.Chandrasekaran (R1 & R2) Mr.W.C.Thiruvengadam (R3) https://hcservices.ecourts.gov.in/hcservices/

O R D E RThere is no appearance on behalf of the petitioners. Heard the learned counsels appearing on behalf of the respondents.2. It has been stated by the petitioners that a Scheme has been framed for the Arulmighu Kariakaliamman Temple at ThennamallurVillage in Coimbatore District, in O.A.No.18/91/B1, dated 20.9.95,by the first respondent, under Section 64(1) of the Tamil NaduHindu Religious and Charitable Endowments Act, 1959. It has been stated that the administration of the Temple will vest with the board of non-hereditary trustees of not less than three and not more than five and the said non-hereditary trustees would be appointed from the Adai Kulam of Kongu Vellala Gounders, residing in Thennamallur Village and eight other surrounding villages. 3. It has been further stated that the board of non-hereditarytrustees were appointed, as per the order of the DeputyCommissioner, Hindu Religious and Charitable Endowments Board, dated 11.6.2000, made in proeedings Na.Ka.No.616/97/A6 and the saidBoard was appointed for a period of three years. After the Board of trustees had taken charge, the administration of the Temple was being done efficiently, without any dispute. However, oneT.R.Arumugha Gounder, who was cultivating some of the lands belonging to the temple, had created problems for the smooth functioning of the Board of Trustees. He had raised various disputes to disrupt the smooth functioning of the temple administration. While so, it was learnt that the third respondent had been appointed by the Hindu Religious and Charitable EndowmentsDepartment, as the fit person, on 14.6.2002, arbitrarily, without the authority of law and in violation of the principles of natural justice. In such circumstances, the petitioner had filed the present writ petition before this Court, under Article 226 of the Constitution of India.

At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the Hindu Religious and Charitable Endowments Department, had placed before this Court, the proceedings in Na.Ka.No.1681/2003/A4, dated 24.10.2008, wherein, it has been stated that the five hereditary trustees mentioned therein had been appointed in accordance with the Scheme framed for the administration of the temple, based on the proceedings of the respondent Department, dated 20.9.2005. Therefore, no further orders are required to be passed by this Court in the present writ petition.

In such circumstances, based on the submissions made by the learned counsels appearing on behalf of the respondent Departmentand in view of the communication issued by the respondentDepartment, dated 24.10.2008, this Court is of the view that no https://hcservices.ecourts.gov.in/hcservices/ further orders are required to be passed in the present writ petition. Hence, the writ petition stands closed. No costs. sd/-Asst. Registrar/true copy/Sub Asst. RegistrarcshTo1. Deputy Commissioner Hindu Religious and Charitable Endowments Department, Coimbatore. 2. Assistant Commissioner Hindu Religious and Charitable Endowments Department, Coimbatore-18. 3. Fit Person, Arulmigu Kaliamman Temple, Thennamallur Village and Post, Thandamuthur (Via), Coimbatore. Writ Petition No.1816 of 2003BK (CO)GSK 11.11.2008.