This judgment dismisses a Writ Petition challenging an order appointing a fit person to a temple. The Court found no reason to interfere given the petitioner's prior application for a hereditary trustee role was rejected.
Writ of Certiorari was refused; no order as to costs; connected miscellaneous petitions closed.
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.19497 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.19497 of 2013 and
M.P(MD) Nos.1 and 2 of 2013
M.Ganesh Sankar S/o. Muthandi Poosari, Trustee, Arulmigu Idaichieswariamman Temple, Midapady, Palani Taluk, Dindigul District. ... Petitioner
Vs.
(R-3 is impleaded vide order of this Court dated 06.02.2020 in W.M.P(MD) No.13025/2019 in W.P(MD) No.19497 of 2013)
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W.P(MD).No.19497 of 2013
PRAYER :
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records in S.M.Na.Ka.4345/2013 (1) m 2, dated 17.10.2013 on the file of second respondent and quash the same.
For Petitioner : Mr.S.Kandasamy For Respondents : Mr.R.Ragavendran Standing Counsel for (HR& CE) For R-1 and R-2 : Mr.K.Balasubramanian (For – R3)
ORDER
The present Writ Petition has been filed challenging the order passed
by the second respondent/ The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, appointing a fit person to Arulmigu Idaichieswariamman Temple, Midapady, Palani Taluk, Dindigul District.
an application seeking to appoint a hereditary trustee of the said Temple, which has been rejected by the Joint Commissioner, Hindu Religious and
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W.P(MD).No.19497 of 2013
Charitable Endowment Department, Madurai, by his order dated 14.12.2018. In the light of the subsequent development namely rejection of the application, I find no reason to interfere with the impugned order passed by the second respondent in this Writ Petition.
3. Hence, this Writ Petition is dismissed. There shall be no order as to
16.12.2022
Index : Yes / No Internet : Yes / No ebsi
To
Chennai – 600 034.
W.P(MD).No.19497 of 2013
K.KUMARESH BABU, J.
ebsi
Order made in W.P(MD)No.19497 of 2013
16.12.2022
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2 issues framed by the court
Whether the Writ Court should interfere with the impugned order appointing a fit person to the temple.
Whether the petitioner's application for appointment as hereditary trustee bars interference.
M.Ganesh Sankar S/o. Muthandi Poosari
The Commissioner, Hindu Religious and Charitable Endowment Department
The Assistant Commissioner, Hindu Religious and Charitable Endowment Department
M.Ravichandran
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
