Petitioner challenged the appointment of a Fit Person for a temple via Writ of Certiorari. The Court held that since an appeal was available under Section 21 of the HR & CE Act, the writ was not maintainable and directed the petitioner to file the appeal.
Writ petition dismissed; petitioner directed to file an appeal under Section 21 of HR & CE Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.12.2019
CORAM THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.16297 of 2018 and
W.MP.No.19408 of 2018
G.Subramanian ... Petitioner
Vs
3.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Coimbatore.
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari or any other appropriate Writ or Order or Direction in the nature of Writ, calling for records relating to the proceedings of the 2nd respondent in Se.Mu.Na.Ka.No.6370/2018/A3 dated 14.06.2018, quash the same.
For Petitioner : Mr.L.Chandrakumar
For Respondents : Mr.M.Maharaj, Special Government Pleader for RR1 to 4.
ORDER
-s/dAssistant Registrar(CS-I) True Copy Sub-Assistant Registrar jrs
To
1.The Commissioner,
Hindu Religious & Charitable
Endowment Department,
Nungambakkam, Chennai 600 034.
2.The Joint Commissioner,
Hindu Religious & Charitable
Endowment Department,
Nungambakkam, Chennai 600 034.
3.The Assistant Commissioner,
Hindu Religious & Charitable
Endowment Department,
Coimbatore.
4.The Executive Officer,
Arulmigu Aranganathar Swamy Temple,
Karamadai, Mettupalayam Taluk,
Coimbatore District.
+1 CC to Mr.L.Chandrakumar, Advocate sr 104217
+1 CC to The Spl. Govt. Pleader sr 104613.
W.P.No.16297 of 2018 and
W.MP.No.19408 of 2018
BS(CO)
SP(24/01/2020)
2 issues framed by the court
Whether a Writ of Certiorari is maintainable to challenge the appointment of a Fit Person when an appeal against such appointment is available under Section 21 of the HR & CE Act.
Whether the petitioner, who failed to file an appeal in the proper format, is entitled to reliefs under Article 226 of the Constitution.
2 provisions across 2 enactments
G.Subramanian
The Commissioner, Hindu Religious & Charitable Endowment Department
The Executive Officer, Arulmigu Aranganathar Swamy Temple
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
