Madras High Court
Arulmigu Siva-Vishnu Bakthargal ... vs The State Of Tamil Nadu on 13 September, 2023
W.A.No.2439 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2439 of 2023
Arulmigu Siva-Vishnu Bakthargal Seva Sabha,
rep. by its Secretary Adi Kesavan,
No.16, Pughazendhi Street,
MGR Nagar,
Chennai-600 078. .. Appellant
Vs
1.The State of Tamil Nadu,
rep. by its Secretary,
Department of Tourism, Culture & Religious Endowments,
Secretariat, Chennai-600 009.
2.The Commissioner,
Hindu Religious & Charitable Endowment,
119, Mahatma Gandhi Road,
Nungambakkam,
Chennai-600 034.
3.The Assistant Commissioner,
Hindu Religious & Charitable Endowment Department,
Chennai District.
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W.A.No.2439 of 2023
4.The Executive Officer,
Arulmigu Sakthi Vinayagar Thirukoil,
K.K. Nagar,
Chennai-600 078. .. Respondents
Prayer : Appeal under Clause 15 of the Letters Patent against the
order passed by the learned Single Judge in W.P.No.11158 of 2023
dated 12.4.2023.
For the Appellant : Mr.J.Ravikumar
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mr.K.Karthik Jegannath
Government Advocate
for respondent No.1
: Mr.N.R.R.Arun Natarajan
Spl. Govt. Pleader (HR & CE)
for respondent Nos.2 to 4
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.J.Ravikumar, learned counsel for the
appellant; Mr.P.Muthukumar, learned State Government Pleader,
assisted by Mr.K.Karthik Jegannath, learned Government Advocate
for the first respondent; and, Mr.N.R.R.Arun Natarajan, learned
Special Government Pleader for respondents 2 to 4.
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W.A.No.2439 of 2023
2. The appellant is challenging the impugned order passed by
the learned Single Judge in a writ petition filed by the appellant
challenging the appointment of a Fit Person.
3. The paramount submission of learned counsel for the
appellant is that the order impugned in the writ petition is passed
without notice to the appellant and without giving opportunity to the
appellant.
4. The learned Single Judge considered the said aspect and set
aside the impugned order and directed the appellant to file a reply
within ten days and the authority was directed to take a decision
within four weeks. Till a decision is taken, status-quo is directed to
be maintained.
5. The aforesaid order is passed on 12.4.2023. In compliance
of the said order, had the appellant filed its reply, orders would have
been passed by now. The learned Single Judge has also given
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W.A.No.2439 of 2023
liberty to the appellant to file an appeal under Section 63(a) of the
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
6. Considering the aforesaid, we are not inclined to interfere
with the order passed by the learned Single Judge. The appellant
may file a reply as directed by the learned Single Judge in the
impugned order within seven days from today and on receipt of the
reply, the authority shall take a decision within four weeks. Till
then, the order of status-quo, as directed by learned Single Judge,
be maintained.
The writ appeal is disposed of accordingly. There will be no
order as to costs. Consequently, C.M.P.No.20406 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
13.09.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.A.No.2439 of 2023
To:
1.The Secretary,
State of Tamil Nadu,
Department of Tourism, Culture & Religious Endowments,
Secretariat, Chennai-600 009.
2.The Commissioner,
Hindu Religious & Charitable Endowment,
119, Mahatma Gandhi Road,
Nungambakkam,
Chennai-600 034.
3.The Assistant Commissioner,
Hindu Religious & Charitable Endowment Department,
Chennai District.
4.The Executive Officer,
Arulmigu Sakthi Vinayagar Thirukoil,
K.K. Nagar,
Chennai-600 078.
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W.A.No.2439 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.2439 of 2023
13.09.2023
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