Petitioner assailed a notice calling for applications for hereditary trustee appointment in a temple. Court found alternative remedy available before Internal Authority disposing of writ petition with direction to approach such Authority.
Writ Petition disposed of leaving it open for petitioner to approach Joint Commissioner to seek relief.
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W.P(MD)No.18824 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.18824 of 2021 and
W.M.P.(MD).Nos.15637 and 15638 of 2021
M.Thangaraj
... Petitioner
Vs.
Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam,
Chennai.
Hindu Religious and Charitable Endowment Department, Madurai at present Dindigul.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent dated 06.08.2021 issued for filling up of the office of trusteeship which fell vacant due to the death of S.M.D.R.Kamalanathan on 21.05.2021, quash the same, as the same is arbitrary, ultravires, in complete contravention to the judgment and decree dated 06.03.1978 made in A.S.No.48/1975, and consequentially direct the third respondent to consider the application presented by petitioner for appointment as trustee on 06.06.2021 in consonance with the judgment and decree dated 06.03.1978.
ORDER
The petitioner assails a notice dated 06.08.2021 by which applications were called for appointment of a hereditary trustee from duly qualified near relatives.
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W.P(MD)No.18824 of 2021
the post should not be restricted to near relatives of the deceased hereditary trustee.
// True Copy //
tsg/LM/nsr
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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W.P(MD)No.18824 of 2021
To
1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai at present Dindigul.
+1 CC to M/s.SPL.GP (SR-33350[F] dated 01/11/2021)
W.P(MD)No.18824 of 2021 29.10.2021
MMS(CO) GC/PM(17.11.2021) 3P 4C
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M.Thangaraj
The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department
The Joint Commissioner, Hindu Religious and Charitable Endowment Department
The Managing Trustee, Arulmigu Kottaimariamman Temple, Dindigul
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
