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Madras High Court

S.R.M.Ramamurthi Poosari vs / on 4 April, 2024

Author: C.Saravanan

Bench: C.Saravanan

                                                                            W.P.(MD) No.9566 of 2021

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 04.04.2024

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                            W.P.(MD) No.9566 of 2021
                                                       and
                             W.M.P.(MD) Nos.7324, 7326 and 7327, 7810 and 15017 of 2021

                 S.R.M.Ramamurthi Poosari                               ... Petitioner

                                                        /vs./

                 1.The Commissioner,
                   Hindu Religious & Charitable Endowments Department,
                   Nungambakkam High Road,
                   Chennai.

                 2.The Joint Commissioner,
                   Hindu Religious & Charitable Endowments Department,
                   Sivagangai.

                 3.The Executive Officer,
                   Arulmighu Mariamman Thirukoil,
                  Irukankudi, Sattur Taluk,
                   Virudhunagar District.

                 4.Kathiresan Poosari                                   ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorari, calling for the records relating to the impugned


                 1/5

https://www.mhc.tn.gov.in/judis
                                                                                    W.P.(MD) No.9566 of 2021

                 interim order in I.A.No.1/2020 in R.P.No. 230/2020 D2, dated 24.12.2020 passed
                 by the 1st respondent and quash the same as illegal.



                                  For Petitioner     : Mr.J.Anand Kumar for
                                                            Mr.V.Varadharajan

                                  For R1 & R2        : Mr.P.Subbaraj
                                                            Special Government Pleader

                                  For R3             : Mr.VR.Shanmuganathan

                                  For R4             : Mr.T.Pon Ramkumar


                                                          ORDER

The petitioner is not keen and pressing for the relief in this writ petition, as orders have been reserved in in R.P.Nos.229 and 230 of 2020 filed before the first respondent by the fourth respondent and other two trustees. It appears that the fourth respondent and two other trustees of Arulmighu Mariamman Temple, Irukankudi, Sattur Taluk, Virudhunagar District were suspended by the Board on 03.06.2020. The petitioner had unsuccessfully challenged the order of suspension along with the other two trustees in W.P.(MD) Nos.7799, 7804 and 7806 of 2020. The writ petitions were dismissed by order dated 17.09.2020 by giving liberty to the fourth respondent and the other two trustees to challenge the same by way of 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9566 of 2021 an appeal before the second respondent/the Joint Commissioner. Pursuant to the aforesaid order, the fourth respondent and the other two trustees had also filed their respective appeals before the second respondent in A.P.Nos.1 to 3 of 2020, which came to be dismissed by order dated 08.10.2020. Further, a revision was filed before the first respondent in R.P.Nos.229 and 230 of 2020 by two of the trustees, which included the fourth respondent, wherein an interim stay was granted by the first respondent on 24.12.2020 in his proceeding in I.A.No.1 of 2020 in R.P.No.230 of 2020/D2, which is impugned before this Court.

2.Since the petitioner is not keen and pressing for the relief in the writ petition and considering the fact that R.P.Nos.229 and 230 of 2020 are mature for passing orders, as these petitions have been heard, this Writ Petition cannot be kept on the file of this Court. If it is the case of the fourth respondent that the suspension order dated 03.06.2020, has been revoked in so far as one of the trustees, who was suspended along with the fourth respondent on 03.06.2020, it is open for the fourth respondent to work out his remedy in accordance with law. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9566 of 2021

3.In view of the above, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

                 Index : Yes / No                                                04.04.2024
                 Internet : Yes / No
                 mm

                 To

                 1.The Commissioner,

Hindu Religious & Charitable Endowments Department, Nungambakkam High Road, Chennai.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Sivagangai.

4/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9566 of 2021 C.SARAVANAN, J.

mm W.P.(MD) No.9566 of 2021 04.04.2024 5/5 https://www.mhc.tn.gov.in/judis