The High Court dismissed the writ petition as infructuous because the underlying scheme had been modified effective 18/10/2011. The court held the petitioners could challenge the new scheme separately.
The writ petition was dismissed as infructuous. Petitioners were at liberty to challenge the modified scheme dated 18/10/2011.
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.
Writ Petition No.7819 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14/11/2022
C O R A M
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition No.7819 of 2011
a n d
M.P.No.1 of 2011
Vs
Respondents
Page No:1/6
Writ Petition No.7819 of 2011
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the proceedings in RP.249/2005 D2 dated 11/10/2010 on the file of the first respondent and to quash the same and to forbear the respondents 1 to 3 from appointing any Trustees other than the petitioners to Arulmighu Siddanathasamy Temple, Madurai, outside the scheme settled in O.A.No.43 of 1993 on the file of the Deputy Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
For Petitioners ... Mr.S.Subbiah Senior Counsel for Mr.P.Raja For respondents ... Mr.K.Karthikeyan Government Advocate for R.R.1 to 3. Mr.V.Srikanth for R.R4 and 5 No appearance for R.6.
O R D E R
This writ petition has been filed praying to quash the proceedings, dated 11/10/2010, made in RP.249/2005 D2, on the file of the first respondent and to forbear the respondents 1 to 3 from appointing any Trustees other than the petitioners to Arulmighu Siddanathasamy Temple, Madurai, outside the scheme settled in O.A.No.43 of 1993 on the file of the Deputy Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
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Writ Petition No.7819 of 2011
Mr.K.Karthikeyan, learned Government Advocate for the respondents 1 to 3 and Mr.V.Srikanth, learned counsel for the respondents 4 and 5.
relates to the appointment of trustees, for the period from 2005 – 2008, before the Commissioner, HR & CE Department, Chennai, in R.P.No.249/2005 D2, the same was dismissed on two grounds, viz., the first petitioner died and secondly, period of office of the respondents 3 to 5 therein was already over by an efflux of time.
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Writ Petition No.7819 of 2011
1 to 3 brought to the notice of this Court that in the meanwhile, Scheme is also modified and to substantiate his case, he has produced a letter, dated 18/10/2011, issued by the Joint Commissioner, HR & CE Department, Madurai.
No costs. Consequently, the connected Miscellaneous Petition is
closed.
14/11/2022
Index : Yes / No Internet: Yes Speaking/non speaking order
mvs.
Page No:4/6
Writ Petition No.7819 of 2011
To
https://www.mhc.tn.gov.in/judis Page No:5/6
Writ Petition No.7819 of 2011
N. SATHISH KUMAR, J mvs.
W.P.No.7819 of 2011
14/11/2022
Page No:6/6
K.P.Subbiah
S. Rajamanickam
A.P.Srinivasan
The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam High Road Chennai
The Joint Commissioner Hindu Religious and Charitable Endowment Department Madurai
The Area Committee Madurai District Hindu Religious and Charitable Endowment Department
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
