Disposed

Gunasekaran v. The Assistant Commissioner

Madras HC22 Jan 2020WP/13993/2019

Case brief

AI extract

What is this about?

, a petitioner challenged the appointment of the respondent as Thakkar and sought quashing of an order, praying for implementation of the temple scheme to appoint non-hereditary trustees. The court did not pass specific orders but directed respondents to decide on the merits by 30.03.2020.

What did the court decide?

Petitioner directed to consider new non-hereditary trustees decision; Writ disposed of.

Gunasekaran Vs The Assistant Commissioner — Pension and Retirement Benefits | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 22.01.2020

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CORAM

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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W.P.No.13993 of 2019 and W.M.P.No.14037 of 2019

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Gunasekaran .. Petitioner
..Vs..
1.The Assistant Commissioner,
Hindu Religious and Charitable Endowments,
(HR & CE), Namakkal District.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments,
(HR & CE), Salem.
3.The Fit Person/Thakkar,
Arulmigu Aangalamman Temple,
Paramthivelur Taluk,
Namakkal District.
4.The Executive Officer,
Arulmighu Angalamman Temple,
Paramthivelur Taluk,
Namakkal District. .. Respondents

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PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified, calling for the records pertaining to the impugned order passed by the first respondent herein vide Na.ka.No.2585/2017/A6 dated 14.12.2017 and quash the same and consequently implement the temple scheme as framed and ordered by the second respondent vide O.A. 14 of 2004 dated 07.01.2020 by appointing the 5 (five) new NonHereditary trustees who were unanimously elected by temple trust board comprising 14 different communities as per said scheme.

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For Petitioner : Mr.B.Jegannath

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For Respondents: Mr.M.Karthikeyan Special Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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Mr.M.Karthikeyan, learned Special Government Pleader takes notice for the respondents.

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2.The petitioner has filed the present Writ Petition for issuance of a Writ of Certiorarified, calling for the records pertaining to the impugned order passed by the first respondent herein vide Na.ka.No.2585/2017/A6 dated 14.12.2017 and quash the same and consequently implement the temple scheme as framed and ordered by the second respondent vide O.A. 14 of 2004 dated 07.01.2020 by appointing the 5 (five) new Non-Hereditary trustees, who were unanimously elected by Temple Trust Board comprising 14 different communities as per the said scheme.

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3.The learned counsel for the petitioner submitted that the respondents had appointed the petitioner as the Fit Person/Thakkar for the Temple namely, Arulmigu Aangalamman Temple, Paramthivelur Taluk, Namakkal District. Now the petitioner states that he had submitted an application to consider him as a non-hereditary trustee and the said application is still pending.

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4.Mr.M.Karthikeyan, learned Special Government Pleader submitted that enquiry is fixed on 23.01.2020 in respect of the removal of the hereditary trustees.

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5.Considering the facts and circumstance of this case, this Court is not inclined to pass any specific order. On completion of the said enquiry, the respondents may take appropriate decision on or before 30.03.2020 on merits and in accordance with law.

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6.With the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar (CO)

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//True Copy//

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Sub Assistant Registrar

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tta

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1.The Assistant Commissioner, Hindu Religious and Charitable Endowments, (HR & CE), Namakkal District.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The Joint Commissioner, Hindu Religious and Charitable Endowments, (HR & CE), Salem.

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3.The Fit Person/Thakkar, Arulmigu Aangalamman Temple, Paramthivelur Taluk, Namakkal District.

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4.The Executive Officer,
Arulmighu Angalamman Temple,
Paramthivelur Taluk,
Namakkal District.
+1cc to Mr.B.Jaganath, Advocate, S.R.No. 4112
+1cc to the Special Government Pleader HR & CE, S.R.No. 5389
W.P.No.13993 of 2019
PVS(CO)
GN(27/02/2020)

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https://hcservices.ecourts.gov.in/hcservices/

Gunasekaran v. The Assistant Commissioner

Case brief

What is this about?

What did the court decide?

Gunasekaran v. The Assistant Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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