1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Appeal(MD)No.95 of 2011 and M.P.(MD)No.2 of 2011 R.Venukumar Potti : Appellant/ Petitioner Vs. 1.The Joint Commissioner, Executive Officer, Incorporated and Unincorporated Devasoms, Susindram, Kanniyakumari District. 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkm, Chennai. 3.The Board of Trustees, rep.by its President, Shri Velimalai Kumaraswamy Devasthanam, Kumarakovil Post, Kanniyakumari District. :Respondents/ Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order of the learned Single Judge, dated 20.04.2009, made in W.P.(MD).No.11519 of 2008. Prayer in W.P.(MD) No.11519 of 2008 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondents to give charge to the petitioner as Melsanthi of Shri Velimalai Kumaraswamy Temple, Kumarakovil Post, Kanyakumari District for one month turn duty of the year 2008. For Appellant : Mr.K.V.Subramaniam, Senior Counsel for Mr.M.A.Abdul Wahab For Respondent-1 : Mr.M.Thayumanaswamy for Mr.D.Hari https://hcservices.ecourts.gov.in/hcservices/ 2 For Respondent-2 : Mr.M.Rajarajan, Govt.Advocate. For Respondent-3 : No appearance. JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR,J] This writ appeal is filed against the order made in W.P. (MD)No.11519/2008, dated 20.04.2009, wherein the appellant prayed for a direction to the respondents to give charge to him as Melsanthi of Shri Velimalai Kumaraswamy Temple, Kanyakumari District, for one month on turn duty basis from the year 2008 onwards. The learned Single Judge dismissed the writ petition on the ground that there are some materials against the appellant to show that he had misbehaved and he has not performed his duties upto the mark. The learned Single Judge further held that when the appellant is facing serious allegations and charges were also framed against him, he cannot be allowed to function as Melsanthi on rotation basis as it would affect the interest of the temple and devotees. 2.Heard the learned Senior Counsel appearing for the appellant, the learned counsel appearing for the 1st respondent, the learned Government Advocate appearing for the 2nd respondent. Though the 3rd respondent was served and its name is printed in the cause list, none appeared for the 3rd respondent. 3.Learned Senior Counsel for the appellant produced a copy of the order passed by the 1st respondent on 19.11.2010, which is after the order passed by the learned Single Judge, and submitted that the allegations levelled against the appellant were enquired into and ultimately the charges against the appellant were dropped and, therefore, on and from 19.11.2010 there is no impediment to the appellant to continue to function as Melsanthi on rotation basis as he was functioning previously. 4.In the light of the said order passed by the 1st respondent on 19.11.2010, the order passed by the learned Single Judge is set aside with a direction to the respondents to permit the appellant to continue as Melsanthi on rotation basis as he was functioning prior to the order passed by the learned Single Judge. Necessary orders are directed to be passed by the appropriate authority within a period of two weeks from the date of receipt of a copy of this order. 5.The Writ Appeal is allowed. No costs. Connected M.P.(MD) No.2 of 2011 is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The Joint Commissioner, Executive Officer, Incorporated and Unincorporated Devasoms, Susindram, Kanniyakumari District. 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkm, Chennai. 3. The President, Board of Trustee, Shri Velimalai Kumaraswamy Devasthanam, Kumarakovil Post, Kanniyakumari District. +1cc to M/s.M.A.Abdulwahab, Advocate SR.11187 gb DM : 04.03.2011 : 3p/4c : IT JUDGMENT MADE IN W.A.(MD).No.95 of 2011 & M.P.(MD)No.2 of 2011 Dated:03.03.2011 https://hcservices.ecourts.gov.in/hcservices/