IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.10.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.132 of 2003 S.Jegannathan .. Petitioner vs. 1. The Assistant Commissioner HR & CE Admn., Dept., Coimbatore 2. Fit Person/Executive Officer A/m.Adi Sakthi Vinayagar Alayam Pollachi .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the first respondent herein in appointing the second respondent herein as a fit person under Section 49(1) of the Act in his proceedings Se.Mu.Na.Ka.No.7712/2002/A6, dated 27.11.2002 and quash the same. For petitioner : Mr.W.C.Thiruvengadam For Respondents : Mr.T.Chandrasekaran Special Government Pleader O R D E R Heard the learned counsel appearing for the parties concerned. 2. This writ petition has been filed challenging the proceedings Se.Mu.Na.Ka.No.7712/2002/A6, dated 27.11.2002, appointing the second respondent as a fit person of Arulmighu Raghavendra Brindavanam Kattalai @ Arulmighu Seetharama Anjaneya Temple, under Section 49 (1) of The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. 3. The main contention of the learned counsel appearing for the petitioner is that the first respondent does not have the power or jurisdiction to appoint a fit person, without reference the scheme framed by the Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, Coimbatore, in https://hcservices.ecourts.gov.in/hcservices/ O.A.No.24/1984 B1, dated 24.7.1987 and contrary to the order passed by the Division Bench of this Court in SUBRAMANIAN M.R. & OTHERS Vs. STATE OF TAMIL NADU REP. BY ITS SECRETARY ETC., (1997- 2-L.W.8). 4. However, Mr.T.Chandrasekaran, the Special Government Pleader appearing for the respondents had submitted that the Trust Board had been constituted, on 8.9.2008. Pursuant to the constitution of the Trust Board, the Chairman has been elected, on 26.9.2008, in accordance with the scheme framed by the Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, Coimbatore, in O.A.No.24/1984 B1, dated 24.7.1987. Hence, he prays that the writ petition may be closed as no further orders are required to be passed in the writ petition. 5. The learned counsel appearing for the petitioner has not refuted the submissions made by the learned Special Government Pleader appearing for the respondents. 6. Considering the submissions made by the learned counsel appearing for the parties concerned, this writ petition stands closed as no further orders are required to be passed in the writ petition. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. lan To: 1. The Assistant Commissioner HR & CE Admn., Depat., Coimbatore 2. Fit Person/Executive Officer A/m.Adi Sakthi Vinayagar Alayam Pollachi 1 cc to Mr.W.C. Thiruvengadam, Advocate, SR. 57600 1 cc to Government Pleader, SR. 57387 W.P.No.132 of 2003 GGK (CO) kk 17/10 https://hcservices.ecourts.gov.in/hcservices/