B.S Kannan Vs the Commissioner

Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus to direct the first respondent to restrain the respondent No.4 from discharge the function of Hereditary Managing Trustee of Sri Vaitheeswaran Temple, Bommarapalayam Village, Namakkal District pending disposal of appeal in

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https://www.mhc.tn.gov.in/judis

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W.P.No.41663 of 2025

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A.P.No.115/2024 on the file of the first respondent.

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For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.K.Karthikeyan Govt. Advocate For R.1 and R.2

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O R D E R

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The petitioner has filed the writ petition seeking to issue a Writ of Mandamus to direct the first respondent to restrain the fourth respondent from discharging his function as Hereditary Managing Trustee of Sri Vaitheeswaran Temple, Bommarapalayam Village, Namakkal District pending disposal of appeal in A.P.No.115/2024 pending on the file of the first respondent.

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The case of the writ petitioner is that the fourth respondent has got himself appointed as Hereditary Managing Trustee of Sri Vaitheeswaran Temple based on fabricated documents and behind the back of the writ petitioner. The petitioner has also filed an appeal in A.P No.115 of 2024, which is pending on the file of the first respondent.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.41663 of 2025

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Admittedly, there is no interim stay granted in the appeal filed

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by the writ petitioner. The appeal has been pending for more than a year and therefore, it would suffice to direct the first respondent to dispose of the appeal.

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Accordingly, the first respondent is directed to dispose of the appeal in A.P.No.115 of 2024 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and subject to the final decision, further action may be taken/dropped as against the fourth respondent.

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