Judgment · High Court

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 23.08.2011 CORAMTHE HONOURABLE MR.JUSTICE R.SUDHAKARW.P.(MD)No.9493 of 2011andM.P.(MD)Nos.2 to 4 of 20111. N.Thirunageshwaran Mudaliar2. V.Sivasubramaniya Mudaliar,3. R.Senthivel Mudaliar... Petitioners Vs.

The Joint Commissioner, Hindu Religious and Charitable Endowment, Sivagangai, Sivagagangai District.

The Assistant Commissioner, Hindu Religious and Charitable Endowment, Paramakudi.

The Fit Person/Executive Officer, Sri Arulmighu Koppudayamman Thirukoil, Karaikudi, Karaikudi Taluk, Sivagangai District. ... RespondentsPRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarifiedmandamus calling for the records relating to the proceedings bearing Se.Mu.Na.Ka.No.4435/06/7, order dated 13.09.2010 passed by the second respondent and quash the same and consequently directing the second respondent to forth with constitute Boardof Trustees for Arulmighu Arunagiri Vinayagar Temple, Abiramam, Kamuthi Taluk, Ramanathapuram District. For Petitioner ...Mr.G.R.SwaminathanFor Respondents ...Mr.TR.JanarthanamAdditional Govt. Pleaderfor R.1 and R.2 ... Dispensed with for R.3* * * * * https://hcservices.ecourts.gov.in/hcservices/ 2ORDERThis writ petition has been filed by the petitioner to issuea Writ of Certiorarified mandamus calling for the records relating to the proceedings bearing Se.Mu.Na.Ka.No.4435/06/7,order dated 13.09.2010 passed by the second respondent and quash the same and consequently directing the second respondent to forth with constitute Board of Trustees for Arulmighu ArunagiriVinayagar Temple, Abiramam, Kamuthi Taluk, RamanathapuramDistrict.2. In view of the order that is to be passed, notice to the third respondent is dispensed with.3. Heard Mr.G.R.Swaminathan, learned Counsel for the petitioner and Mr.TR.Janarthanam, learned Additional GovernmentPleader, who takes notice for the respondents 1 and 2.

By consent, the writ petition itself is taken up for final disposal.

Though the writ petition has been filed challenging the order dated 13.09.2010 passed by the Joint Commissionerappointing a fit person in terms of Section 49(1) of Tamil NaduHindu Religious and Charitable Endowment Act 1959, the learnedCounsel for the petitioners now pleads that without prejudice to his contentions in the writ petition, a direction may be issued to the first respondent/Joint Commissioner to consider the claim made by the petitioners on 11.02.2010 for appointing three persons as trustees in terms of the scheme order in O.A.No.3 of1989 dated 20.08.1990.

Accordingly, the first respondent is directed to dispose of the application made by the petitioners on 11.02.2010, which is found in page 4 of the typed set, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioners are however given liberty to challenge the said impugned proceedings if required thereafter. It is made clear that this Court does not express any opinion about the merits of the petitioners' claim and the Authority shall decide the matter on its own merits.

With the above direction, this writ petition is disposed of. Consequently the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar/True Copy/Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To:1. The Joint Commissioner, Hindu Religious and Charitable Endowment, Sivagangai, Sivagagangai District.2. The Assistant Commissioner, Hindu Religious and Charitable Endowment, Paramakudi.3. The Fit Person/Executive Officer, Sri Arulmighu Koppudayamman Thirukoil, Karaikudi, Karaikudi Taluk, Sivagangai District+One cc to M/s.G.R.Swamianthan, Advocate, SR.No.28927sslrl/5c – 8.9.2011W.P.(MD)No.9493 of 2011andM.P.(MD)Nos.2 to 4 of 201123.08.2011