IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.09.2010 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.9286 of 2003 1 P.BALASHANMUGAPPA(DECEASED) 2 B.RAJARATHINAM 3 P.BASAVASUPPU 4 B.LEKHA@VSANTHA KUMARI (PETITIONERS 2 TO 4 ARE IMPLEADED AS PER ORDER DATED 10.8.2010 IN WPMP No.465/2010) [ PETITIONERS ] Vs 1 THE SECRETARY TO GOVERNMENT HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPT. FORT ST.GEORGE, CHENNAI-9. 2 THE COMMISSIONER HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPT. NUNGAMBAKKAM HIGH ROAD CHENNAI-34. 3 THE DEPUTY COMMISSIONER HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPT MADURAI 4 THE ASSISTANT COMMISSIONER HINDU RELIGIOUS &CHARITABLE ENDOWMENT DEPT. MADURAI 5 THE EXECUTIVE OFFICER SRI DHANDYUTHAPANI SWAMY TEMPLE NETAJI STREET MADURAI. [ RESPONDENTS ] Petition under Article 226 of the Constitution of India for the issuance of a writ of Certiorarified Mandamus to call for the entire https://hcservices.ecourts.gov.in/hcservices/ records of the 4th respondent in Se.Mu.Na.Ka.No.503/2001/A3 including the order dated 3.3.2003 and quash the same and forbear the respondents from in any manner interfering with the petitioner maintaining and managing the Arulmigu Veerabadraswamy Temple, Thiruparankundram as the Hereditary Trustee. For petitioner : Mr.V.G.Suresh Kumar For respondents : Mr.T.Chandrasekaran, Spl.G.P FOR R1 TO R4 Mr.P.Gopalan for R5 O R D E R The Writ Petition is directed against the order of the 4th respondent in appointing the 5th respondent as fit person and Executive Officer of Sri Dhandayuthapani Swamy Temple, Netaji Street, Madurai. 2. The Writ Petition is filed on the premise that it is not covered under the provisions of Hindu Religious and Charitable Endowment Act. However, it is brought to the notice of this Court by Mr.P.Gopalan, learned counsel appearing for the 5th respondent that the Joint Commissioner of Hindu Religious and Charitable Endowment Department, namely, the 2nd respondent by exercising his suo motu powers under section 63(a) of Hindu Religious and Charitable Endowment Act in the order dated 12.7.2010 has concluded that the said Temple is not a private temple and it is a religious Institution covered under the Hindu Religious and Charitable Endowment Act. When the authority contemplated under the Hindu Religious and Charitable Endowment Act has declared the temple as a Temple covered under the Act and not a private temple, if the petitioners are aggrieved by the said order, it is only for the petitioners to work out their remedy against the said order by the competent authority under Hindu Religious and Charitable Endowment Act. 3. In such circumstances and taking note of the subsequent event, wherein the authority has now passed an order declaring that the temple is not a private one, the Writ Petition challenging the appointment of the 5th respondent as a fit person becomes infructuous and it cannot be allowed to continue. In such view of the matter, giving liberty to the petitioners to work out their remedy against the order of the Joint Commissioner as stated above dated 12.7.2010, the Writ Petition stands dismissed as infructuous. No costs. 4. It is brought to the notice of this Court by the learned counsel for the petitioner that the said order of the Joint Commissioner dated 12.7.2010 has not been served to the petitioner. The learned Standing Counsel for Hindu Religious and Charitable https://hcservices.ecourts.gov.in/hcservices/ Endowment Department would submit that the Department would serve a copy of the above said order to the petitioner. It is made clear that on such service of copy of the order, it is for the petitioners to work out their remedy in the manner known to law. However, on receipt of such copy, if the petitioners prefer an appeal as per the provisions of the Hindu Religious and Charitable Endowment Act, the appellate authority, taking into the above facts and circumstances of the case, shall take note of the date of service of the copy of the order to the petitioner for the purpose of limitation. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ajr To 1 THE SECRETARY TO GOVERNMENT HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPT. FORT ST.GEORGE, CHENNAI-9. 2 THE COMMISSIONER HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPT. NUNGAMBAKKAM HIGH ROAD CHENNAI-34. 3 THE DEPUTY COMMISSIONER HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPT MADURAI 4 THE ASSISTANT COMMISSIONER HINDU RELIGIOUS &CHARITABLE ENDOWMENT DEPT. MADURAI 5 THE EXECUTIVE OFFICER SRI DHANDYUTHAPANI SWAMY TEMPLE NETAJI STREET MADURAI. +1cc to Mr.V.G.Suresh Kumar, Advocate SR 68884 +1cc to Mr.P.Gopalan, Advocate Sr 68509 +1cc to Govt. Pleader Sr 68526 NSM(CO) km/28.9. W.P.No.9286 of 2003 https://hcservices.ecourts.gov.in/hcservices/