1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 12245 of 2011 and MP.Nos.2&3 of 2011 1.T.Thavamani 2.T.Balu 3.T.Muthuramalingam 4.T.Jeyaraman 5.T.Muthuraman ... Petitioners Vs. 1. The Commissioner, Hindu Religious and Charitable and Endowment Department, Chennai. 2.The Joint Commissioner, O/o.The Joint Commissioner, Hindu Religious and Charitable and Endowment Department, Madurai. 3.The Fit Person, Arulmighu Thalakaruppannasamy, Arulmighu Ayyanar Temple, Sengulam Village, Having Office at Executive Officer, Sri Dhandayuthapani Temple, Madurai. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the impugned order dated 8.7.2009 read with 19.9.2011 issued by the third respondent and quash the same. For Petitioners : Mr.G.R.Swaminathan For R1 and R2 : Mr.M.Alagathevan Special Government Pleader For R3 : Mr.S.Manohar O R D E R The present Writ Petition is directed against the order passed by the third respondent/Fit Person of Arulmighu Thalakaruppannasamy, Arulmighu Ayyanar Temple,Sengulam Village having Office at Executive Officer, Sri Dhandayuthapani Temple,Madurai. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The only issue raised in the present Writ Petition is that the third respondent/Fit Person was appointed to manage and control the affairs of Arulmighu Thalakaruppannasamy, Arulmighu Ayyanar Temple, Sengulam Village. The said order appointing the Fit Person has already been challenged. In the meanwhile, the Fit Person after taking over the charge of the said Temple has passed the suspension order suspending the petitioners 1 to 5. The suspension order passed by the third respondent was upheld by the Joint Commissioner-the second respondent. Against that, an appeal has been filed before the first respondent. But after filing of the appeal, the Commissioner Hindu Religious and Charitable and Endowment Department, Chennai-the first respondent herein was not functioning for some time. In view of the pendency of the appeal, the petitioner has come to this court on the ground that no Commissioner was appointed to consider the petitioners' pending appeal. 3.In reply, the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent/Fit Person have jointly made a statement that the Government has appointed the Commissioner of Hindu Religious and Charitable and Endowment Department and he has been functioning from the date of his appointment. Therefore, the petitioner's pending appeal would be taken up for proper consideration. 4. In such view of the matter, this Court is not inclined to entertain the present Writ Petition. Accordingly, the Writ Petition fails and the same is dismissed. The petitioner is at liberty to approach the first respondent to take up the pending appeal. No costs. Consequently, connected M.P.s are also closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To, 1.The Commissioner, Hindu Religious and Charitable and Endowment Department, Chennai. 2.The Joint Commissioner,O/o.The Joint Commissioner, Hindu Religious and Charitable and Endowment Department, Madurai +One cC to Mr.G.R.Swaminathan, Advocate, SR.No.37077 +One cc to Mr.S.Manohar, Advocate, SR.No.36935 ses rl/5 c- 16.11.2011 W.P(MD)No. 12245 of 2011 and MP.Nos.2 and 3 of 2011 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/