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High CourtsSingle Bench(2021) 04 MAD CK 0033

R. Jayakumar vs Commissioner Hindu Religious And Charitable Endowments And Ors

Madras High Court · Decided on 7 April 2021

HON’BLE JUDGES
Anita Sumanth, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 8540 Of 2021, W.M.P. No. 9104 Of 2021

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Judgment

5 paragraphs · 331 words
1.

Mr.R.P.Prathap Singh, learned Government Advocate accepts notice for the Commissioner and the Joint Commissioner of Hindu Religious and Charitable Endowments Department as well as the Fit Person of Arulmigu Ayyanar Vazhikariyan Lada Sanyasi Temple and Arulmigu Veerateswaraswamy Temple, Vazhuvur Village, Kuthalam Taluk, Mayiladuthurai District (temples in question)/R1 to R3 and is armed with instructions to proceed with the matter finally even the stage of admission. Hence, the Writ Petition is disposed finally even at this stage. In the light of the order that is to be passed in this matter, there is no necessity to issue notice to the private respondents/R4 to R7.

2.

The petitioner prays for a mandamus forbearing the official respondents from initiating any action in furtherance to order dated 26.2.2021 passed by R2. He states that he is the hereditary trustee of the temples in question and has been removed from the said post, which is patently incorrect and contrary to law.

3.

Since statutory appeal has been filed bearing A.P.No.15 of 2021, pending before the Commissioner/R1 and the learned counsel for the petitioner states that the petitioner has filed an application for interim protection along with the appeal, I express no opinion on the merits of the matter or the existence of the prima facie case, if any.

4.

Suffice it to say that the application for interim protection which has been filed by the petitioner along with the appeal on 22.03.2021, will be taken up for hearing and disposed in accordance with law after hearing the petitioner as well as the private respondents and any other persons whom R1 may deem necessary, either over video conference or physically as may be mutually convenient to the parties, to be intimated to the parties sufficiently in advance, within a period of four (4) weeks from today. Till such time, there shall be an order of interim stay of order dated 26.02.2021.

5.

The Writ Petition is disposed as above. No costs. Connected Miscellaneous Petition is closed.