The Madurai bench disposed of the writ petition challenging a show cause notice issued by the temple executive. The court granted liberty to the petitioner to reply and directed the respondent to proceed after hearing both sides.
Liberty granted to petitioner to reply to the show cause notice by 17.03.2020; Writ Petition disposed. No costs.
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.
W.P(MD)No.4477 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.4477 of 2020 and W.M.P(MD).No.3801 of 2020
M.Rajalakshmi
.. Petitioner
Vs.
Arulmighu Rathnagiriswarar Temple, rep., by its Executive Officer, Sivayam, Ayyarmalai, Kulithalai Taluk, Karur District. .. Respondent
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records of the impugned letter dated 06.01.2020 issued by the respondent herein and quash the same as being arbitrary, illegal and ultra vires to the Hindu Religious and Charitable Endowments Act, 1959.
For Petitioner : Mr.V.Meenakshisundaram for Mr.R.Murugan
For Respondent : Mr.P.Athimoolapandian Standing Counsel
ORDER
The petitioner is aggrieved by notice dated 06.01.2020 issued by the respondent, namely, the Executive Officer of the Arulmighu Rathnagiriswarar Temple, Kulithalai Taluk, Karur District. By the said notice, the respondent directed the petitioner herein to vacate on or before 15.01.2020 which date has long expired. Notice is dated 06.01.2020. My attention drawn to a similar order in W.P(MD). No.1283 of 2020 in the case of Kannan and another Vs., Arulmighu Rathnagiriswarar Temple , wherein a learned Single Judge by order dated 23.01.2020, had disposed the writ petition and granted liberty to the writ petitioner therein to give a reply.
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W.P(MD)No.4477 of 2020
2.Similarly, the petitioner herein is also granted liberty, if he so desires, to give reply to the show cause notice on or before 17.03.2020. It is also pointed out by the learned Standing Counsel for the respondent that the notice is under Sections 78 and 79 of the Hindu Religious and Charitable Endowments Act, 1959, which statement disputed by the learned counsel for the petitioner. If there is an appeal remedy, the petitioner may take recourse to such remedy.
3.Liberty is granted to the petitioner to give reply to the show cause notice on or before 17.03.2020. The respondent may proceed further in accordance with law after hearing both sides.
4.With the above observations, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
To
The Executive Officer, Arulmighu Rathnagiriswarar Temple, Sivayam, Ayyarmalai, Kulithalai Taluk, Karur District.
+1 CC to M/s.R.MURUGAN, Advocate ( SR-9899[F] dated 03/03/2020 )
W.P(MD)No.4477 of 2020 03.03.2020
rmk SDS (04.03.2020) 2P-3C
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2 issues framed by the court
Whether the writ petition under Article 226 challenging the show cause notice should be disposed of or liberty be given to reply.
Whether the notice falls under Sections 78 and 79 of the Hindu Religious and Charitable Endowments Act, 1959.
Colour shows how this judgement treated each authority
Kannan and another Vs. Arulmighu Rathnagiriswarar TempleReferred¶15
Kannan and another Vs., Arulmighu Rathnagiriswarar Temple
2 provisions across 2 enactments
M.Rajalakshmi
Arulmighu Rathnagiriswarar Temple, rep. by its Executive Officer
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
