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N.Soundappan vs The State Rep. By Its Secretary
2022 Latest Caselaw 4265 Mad

Citation : 2022 Latest Caselaw 4265 Mad
Judgement Date : 4 March, 2022

Madras High Court
N.Soundappan vs The State Rep. By Its Secretary on 4 March, 2022
                                                                            W.A.No.441 of 2022



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:    04.03.2022

                                                     CORAM :

                          THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                          AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                W.A.No.441 of 2022

                     1.   N.Soundappan
                     2.   P.A.Soundappan
                     3.   K.Thangaraj
                     4.   P.Vijayakumar                                ..   Appellants

                                                    Vs.

                     1. The State rep. by its Secretary
                        Tourism, Culture and Religious
                           Endowment Department
                        Fort St. George, Chennai 600 009.

                     2. The Commissioner
                        Hindu Religious and Charitable
                          Endowment Department
                        Nungambakkam High Road, Chennai.

                     3. The Joint Commissioner
                        Hindu Religious and Charitable
                          Endowment Department
                        Erode.

                     4. The Assistant Commissioner
                        Hindu Religious and Charitable
                          Endowment Department, Erode.

                     __________
                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                  W.A.No.441 of 2022




                     5. R.Palanichamy                                     ..     Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the

                     order dated 0302.2022 made in W.P.No.1405 of 2022.



                                     For the Appellants     :   Mr.Naveen Kumar Murthi
                                                                For Mr.V.P.K.Gowtham

                                     For the Respondents    :   Mr.NRR.Arun Natarajan
                                                                Spl. Govt. Pleader (HR&CE)
                                                                for respondents 1 to 4




                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The writ appeal has been filed challenging the order dated

03.02.2022, whereby, the writ petition preferred by the

petitioners/appellants was disposed of with certain observations and

directions.

2. The writ petition was filed seeking a direction to the

__________

https://www.mhc.tn.gov.in/judis W.A.No.441 of 2022

respondents to call for the applications to the post of non-hereditary

Trustees and thereby form a Trust Board for the temple referred

therein and to recommend two persons to be nominated as Trustees

by the first respondent, based on their representation dated

27.12.2021.

3. The learned Single Judge disposed of the writ petition with

a direction that the respondents would complete the process

already commenced for the appointment of non-hereditary

Trustees. It was made clear that the appointment would be made as

per the provisions of Act and Rules. This should have satisfied the

petitioners/appellants. Yet, an appeal has been filed with a request

that a direction may be given to the second respondent to comply

with the order of the learned Single Judge. Limited to the aforesaid,

this appeal has been pressed.

4. We do not find any reason for the aforesaid prayer, while

the direction of learned Single Judge is to expedite the process of

appointment of the non-hereditary Trustees, as per the provisions

__________

https://www.mhc.tn.gov.in/judis W.A.No.441 of 2022

of the Act and Rules. Thus, it goes without saying that the process

would be completed by the competent officer by following the

provisions of the Acts and Rules only.

5. With the aforesaid observations, the writ appeal is disposed

of. There will be no order as to costs. Consequently, CMP Nos.3228

and 3230 of 2022 are closed.

                                                                  (M.N.B., CJ.)       (D.B.C., J.)
                                                                               04.03.2022

                     Index : Yes/No
                     kpl/drm

                     To

                     1. The Secretary

Tourism, Culture and Religious Endowment Department Fort St. George, Chennai 600 009.

2. The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam High Road, Chennai.

3. The Joint Commissioner Hindu Religious and Charitable Endowment Department Erode.

4. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Erode.

__________

https://www.mhc.tn.gov.in/judis W.A.No.441 of 2022

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

kpl

W.A.No.441 of 2022

04.03.2022

__________

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

 
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