Sankaranarayanan vs The Joint Commissioner
2023 Latest Caselaw 7272 Mad

                                                                    W.A(MD)No.952 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED : 28.06.2023

                                               CORAM :

                          THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                         THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                       W.A(MD)No.952 of 2023
                                                and
                                      C.M.P(MD)No.7462 of 2023

                1. Sankaranarayanan
                2. S.Selvaraj
                3. S.Arunachala, Avudaiappan
                4. S.Muthuvel
                5. S.Palanikumar
                6. M.Sudalai
                7. K.Murugan                                         ... Appellants

                                                  vs.

                1. The Joint Commissioner,
                Hindu Religious and Charitable Endowments Department,
                Tirunelveli.

                2. The Executive Officer,
                Arulmigh Kasi Viswanatha Swami Temple,
                Tenkasi,
                Tenkasi District.                                   ... Respondents


                          PRAYER : Appeal filed under Clause 15 of Letters Patent,
                against the order passed in W.P(MD)No.7179 of 2023 dated
                17.04.2023.




https://www.mhc.tn.gov.in/judis
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                                                                              W.A(MD)No.952 of 2023


                                  For Appellants   : Mr.VR.Shanmuganathan
                                  For R1           : Mr.P.Subbaraj
                                                           Special Government Pleader
                                  For R2           : Mr.R.Murali



                                                     JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The only grievance of the appellants is that while setting

aside the order of the 1st respondent appointing the 2nd respondent

as fit person of the temple in question, the Writ Court had directed

appointment of a committee to be in Management.

2. Mr.VR.Shanmuganathan, learned counsel appearing for

the appellants would submit that already a committee consisting of 7

persons is in management of the temple and that committee can

continue till such time the groups of people which are interested in

the administration of the temple move appropriate application under

the provisions of Section 64 of the Tamil Nadu Hindu Religious and

Charitable Endowments Act, 1959.

3. Considering the nature of the grievance, we only suspend

the direction contained in paragraph 9 of the order of the Writ Court https://www.mhc.tn.gov.in/judis

W.A(MD)No.952 of 2023

for a period of six months, by which time, the appellants will move

the Joint Commissioner concerned for framing of a scheme. If such

application is filed, the Joint Commissioner concerned will dispose of

the same within a period of three months therefrom.

4. With the above direction, the Writ Appeal is disposed of.

No costs. Connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 28.06.2023 Index : Yes / No Neutral Citation : Yes / No bala

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

2. The Executive Officer, Arulmigh Kasi Viswanatha Swami Temple, Tenkasi, Tenkasi District.

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

W.A(MD)No.952 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN W.A(MD)No.952 of 2023 DATED : 28.06.2023

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