Madras High Court
Arulmigu Mariamman Temple vs The Commissioner on 10 August, 2021
W.A.No.1511 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE S.KANNAMMAL
W.A.No.1511 of 2021
and C.M.P.No.9628 of 2021
Arulmigu Mariamman Temple,
Rep. by its
Chairman of Hereditary Trustee,
C.R.Thirupathi Gounder,
S/o.Chinnapaiyan @ Ramasamy,
Avadhanapatti Village, Agraharam Post,
Krishnagiri Taluk & District. .. Appellant
Vs
1.The Commissioner,
HR & CE Department,
Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 600 034.
2.The Joint Commissioner,
HR & CE Department,
Salem.
3.The Assistant Commissioner,
HR & CE Department,
Dharmapuri. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 25.01.2019 made in W.P.No.31685 of 2018.
Page 1 of 9
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W.A.No.1511 of 2021
For Appellant : Mr.E.Om Prakash, Sr.Counsel
for Mr.C.Samivel
For Respondents : Mr.D.Ravichander,
Government Counsel
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
The appeal lies on a very narrow compass. The appellant laid a
challenge to the appointment of the Executive Officer by filing a writ
petition in W.P.No.31685 of 2018. The aforesaid writ petition was
disposed of by taking note of the order passed in W.P.No.27863 of
2018, by which, a direction was issued to consider the representation
dated 14.09.2018 which is to approve the resolution for appointment
of the Chairman. The following is the order passed by the learned
Single Judge:-
"2.The learned Special Government Pleader
(HR&CE) submitted that this Court today passed
an order in W.P.No.30479 of 2018 directing the
respondents to consider the representation of the
petitioner dated 14.09.2018 seeking to approve
the resolution No.36 passed by the Hereditary
Trustees on merits.
3.Heard both sides.
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W.A.No.1511 of 2021
4. Admittedly, this Court directed the respondents
to consider the representation of the petitioner
dated 14.09.2018 seeking to approve the
resolution No.36 passed by the Hereditary
Trustees on merits and in accordance with law. It
is submitted that though this Court passed an
order of status quo in W.P.No.27863 of 2018,
pursuant to the dismissal of the said writ petition
on 22.11.2018, the impugned order was
implemented. Hence, subject to the orders to be
passed by the second respondent on the
representation dated 14.09.2018, it is open to the
petitioner to take any action in the manner known
to law.
5.With the above directions, this Writ Petition is
disposed of. No costs. Consequently, connected
miscellaneous petitions are closed."
2. Thereafter, the said representation made, as directed in
W.P.No.27863 of 2018, has been considered and rejected, against
which, a writ petition was filed in W.P.No.34161 of 2019.
3. Learned Senior Counsel appearing for the appellant submitted
that the subject matter of the writ petition in W.P.No.27863 of 2018
and the order passed thereunder is totally different. In any case, the
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W.A.No.1511 of 2021
order of rejection passed has been challenged in W.P.No.34161 of
2019. Therefore, the order of the learned Single Judge requires
interference.
4. Learned Government Counsel appearing for the respondents
submitted that in view of the disputed questions of fact and the
impugned order having been passed in the year 2018, no interference
is required with the order passed by the learned Single Judge since
liberty is also given to the appellant to take any action in the manner
known to law awaiting the decision of the authorities as directed in
W.P.No.27863 of 2018.
5. We find considerable force in the submission made by the
learned Senior Counsel appearing for the appellant apart from the fact
that the subject matter of the writ petition under challenge is being
different and distinct than the one dealt with in W.P.No.27863 of 2018.
Even the said representation directed to be considered has been
rejected resulting in the subsequent writ petition in W.P.No.34161 of
2019.
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W.A.No.1511 of 2021
6. In such view of the matter, the order dated 03.10.2018
passed by the second respondent will have to be tested on merit.
7. Accordingly, the order of the learned Single Judge is set aside
and the W.P.No.31685 of 2018 stands restored to be tried along with
W.P.No.34161 of 2019.
8. The writ appeal stands ordered accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (S.K., J.)
10.08.2021
Index:Yes/No
mmi/ssm
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W.A.No.1511 of 2021
W.A.No.1511 of 2021
M.M.SUNDRESH, J.
and
S.KANNAMMAL, J.
(Order of the Court was made by M.M.SUNDRESH, J.)
This matter is listed today under the caption 'for being
mentioned' at the instance of the learned senior counsel for the
appellant.
2.It is submitted by the learned senior counsel for the appellant
that by oversight, a wrong representation has been made as if writ
petition filed in W.P.No.34161 of 2019 is pending. In fact, the correct
number is W.P.No.13 of 2020, which has already been disposed of and
therefore, the order requires modification to that extent.
3.The aforesaid factual submission is not disputed by the other
side.
4.In such view of the matter, the order dated 10.08.2021 is
modified to the effect that the connected writ petition is not
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W.A.No.1511 of 2021
M.M.SUNDRESH,J.
and
S.KANNAMMAL,J.
mmi
W.P.No.34161 of 2019 but W.P.No.13 of 2020, which has also been
disposed of. Thus, the pending writ petition in W.P.No.31685 of 2018,
as directed to be restored, will have to be decided in accordance with
law and therefore, a direction to try it along with W.P.No.34161 of
2019 stands modified.
(M.M.S., J.) (S.K., J.)
25.08.2021
mmi/ssm
Note: Registry is directed to issue corrected order copy
W.A.No.1511 of 2021
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W.A.No.1511 of 2021
To
1.The Commissioner,
HR & CE Department,
Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 600 034.
2.The Joint Commissioner,
HR & CE Department,
Salem.
3.The Assistant Commissioner,
HR & CE Department,
Dharmapuri.
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W.A.No.1511 of 2021
M.M.SUNDRESH,J.
and
S.KANNAMMAL,J.
mmi
W.A.No.1511 of 2021
10.08.2021
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