M.A.Varadarajan vs The Commissioner
2023 Latest Caselaw 5214 Mad

                                                                         W.A.No.1031 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:   01.06.2023

                                                     CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1031 of 2023

                     M.A.Varadarajan                                ..    Appellant

                                                       Vs.

                     1. The Commissioner
                        HR & CE Department
                        Nungambakkam
                        Chennai 600 0034.

                     2. The Joint Commissioner
                        Madras Division II
                        HR & CE Department
                        130, R.K. Mutt Road
                        Mylapore, Chennai 600 004.

                     3. The Deputy Commissioner
                        HR & CE Department
                        127, Yadaval Street
                        Padi, Chennai 600 050.

                     4. A/M Sri Parthasarathy Swamy Temple
                        Rep. by the Executive Officer
                        Chennai 600 005.                            ..    Respondents

                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.1031 of 2023




                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 03.02.2023 made in W.P.No.2885 of 2023.


                                      For the Appellant      : Mrs.Hema Sampath
                                                               Senior Counsel
                                                               For Ms.R.Meenal

                                      For the Respondents    : Mr.R.Shunmugasundaram
                                                               Advocate General
                                                               Assisted by
                                                               Mr.N.R.R.Arun Natarajan
                                                               Special Government Pleader &
                                                               Ms.A.G.Shakeena
                                                               for Respondents 1 to 3

                                                                Mr.R.Bharanidharan
                                                                for Respondent 4


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The order of the learned Single Judge is assailed.

2. We have heard learned Senior Counsel for the appellant,

learned Advocate General for the respondents 1 to 3 and learned

counsel for the fourth respondent.

https://www.mhc.tn.gov.in/judis W.A.No.1031 of 2023

3. Learned Senior Counsel for the appellant submits that as

per the Scheme of the Trust, the trustees shall be selected from

among the Thengalai Srivaishnava persuasion of the Hindu

community. The notification issued for the selection of non-

hereditary trustees is not in tune with Clause (3) of the Scheme.

The notification does not say that three non-hereditary trustees

would be selected from the persons of Thengalai Srivaishnava sect.

4. Learned Advocate General submits that only persons from

Thengalai Srivaishnava persuasion of the Hindu community have

made applications and would be appointed. Pursuant to his

instructions, he has made the said statement before the learned

Single Judge and the same has been recorded.

5. Learned Advocate General has again made a statement that

persons from Thengalai Srivaishnava persuasion of the Hindu

community have only applied and they would only be considered for

appointment for the post of non-hereditary trustees.

https://www.mhc.tn.gov.in/judis W.A.No.1031 of 2023

6. In view of that statement, no further orders are necessary.

Accordingly, the writ petition is disposed of. There will be no order

as to costs. Consequently, CMP No.10293 of 2023 is closed.

                                                                   (S.V.G., CJ.)      (P.D.A., J.)
                                                                               01.06.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl


                     To

                     1. The Commissioner
                        HR & CE Department
                        Nungambakkam
                        Chennai 600 0034.

                     2. The Joint Commissioner
                        Madras Division II
                        HR & CE Department
                        130, R.K. Mutt Road
                        Mylapore, Chennai 600 004.

                     3. The Deputy Commissioner
                        HR & CE Department
                        127, Yadaval Street
                        Padi, Chennai 600 050.

https://www.mhc.tn.gov.in/judis W.A.No.1031 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl)

W.A.No.1031 of 2023

01.06.2023

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