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1 - 10 of 15 (0.31 seconds)Dr. Subramanian Swamy vs State Of Tamil Nadu & Ors on 6 December, 2014
12. The respondents further submit that ultimately in all the attempts the
writ petitioners herein have failed and now come forward with the present writ
petition praying to declare the continuance of the 3rd respondent as Executive
Officer and the 4th respondent as Fit Person of the temple in question as illegal
in the of the judgement filed by Dr.Subramanian Swamy and another Vs. State
of Tamil Nadu and Others reported in 2014 (1) CTC 763. The respondent
further submit the said judgement is not applicable to the present case, since in
the present case, the hereditary trustees were suspended on serious charges and
the same is yet to be attained finality. Only because of the pendency of the said
proceedings, as an interim measure, Department have appointed the Fit person.
Therefore the continuance of the Fit Person and Executive Officer of the temple
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W.P.(MD).No.20349 of 2023
in question can only be reviewed after the final orders were passed in the
Department to action taken against the hereditary trustees. Hence question of
reviewing the decision does not arise at this stage. It is also pertinent to note
that that are six hereditary trustees in which only first petitioner hearing have
come up with the grievance of reviewing the continuance of Fit Person and
Executive Officer of the temple in question. In fact, the first petitioner hearing
is the cause for suspending the hereditary trustees and further to hereditary
trustees namely Rajaraman and Thirumalai Jaipal, Muthu had given complaint
against the first petitioner. On enquiry, which resulted in initiation of the
department to enquiry and all the hereditary trustees have been suspended. At
this stage discontinuance of the service of Fit Person and Executive Officer to
the temple in question only affects the smooth administration of the temple.
Therefore the respondents submitted that the petition is devoid of merits and
deserves to be dismissed in limini. The respondents reserves their right to file
additional counter affidavit if and when required. Hence, the respondents
prayed to dismiss this Writ Petition.
Sant Lal Gupta & Ors vs Modern Coop. G.H. Society Ltd. & Ors on 18 October, 2010
In Sant Lal Gupta & Ors. v. Modern
Coop. Group Housing Society Ltd. & Ors., (2010) 13 SCC 336, this
Court held:
Jagir Singh vs Ranbir Singh & And on 9 November, 1978
“It is a settled proposition of law that what cannot be done directly,
is not permissible to be done obliquely, meaning thereby, whatever is
prohibited by law to be done, cannot legally be effected by an
indirect and circuitous contrivance on the principle of “quando
aliquid prohibetur, prohibetur et omne per quod devenitur ad illud”.
An authority cannot be permitted to evade a law by “shift or
contrivance”.” (See also: Jagir Singh v. Ranbir Singh, AIR 1979 SC
381; A.P. Diary Dev.
N.Balasubramanian vs Government Of Tamil Nadu on 11 October, 2017
a. W.P.(MD)No.20915 of 2013 dated 30.09.2015 in Arulmigu
Angala Eswari Amman Temple Vs. Commissioner
b. N.Sivasubramanian Vs. Government of Tamil Nadu reported in
2006 (2) CTC 49
c. Arulmigu Athanoorammal Podarayasamy Vs. Assistant
Commissioner HR & CE (Admn) Department reported in CDJ
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W.P.(MD).No.20349 of 2023
2012 MHC 3783
d. R.R. Thirupathy and others Vs. Commissioner Hindu Religious
and Charitable Endowment reported in (2015) 3 LW 106
e. H.H.Sankarachari Seamigal Kanchi Kamakodi Peetam Vs.
Government of Tamil Nadu in W.P.No.23096 of 2013 dated
12.02.2020
f. Sri Ram Samaj Vs. Commissioner HR & CE reported in 2022 (4)
MLJ 449
e. Solaimuthuraja Vs. Commissioner HR & CE reported in 2010 (2)
CTC 289
f. R.Shanmugasundram Vs. Commissioner of HR & CE (1991 2
MLJ 582)
g. W.P.(MD)No.22398 of 2023 and this Court vide order dated
13.09.2023
R. China Boyan And Ors. vs The Commissioner For Hindu Religious ... on 10 March, 1975
a. W.P.(MD)No.20915 of 2013 dated 30.09.2015 in Arulmigu
Angala Eswari Amman Temple Vs. Commissioner
b. N.Sivasubramanian Vs. Government of Tamil Nadu reported in
2006 (2) CTC 49
c. Arulmigu Athanoorammal Podarayasamy Vs. Assistant
Commissioner HR & CE (Admn) Department reported in CDJ
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W.P.(MD).No.20349 of 2023
2012 MHC 3783
d. R.R. Thirupathy and others Vs. Commissioner Hindu Religious
and Charitable Endowment reported in (2015) 3 LW 106
e. H.H.Sankarachari Seamigal Kanchi Kamakodi Peetam Vs.
Government of Tamil Nadu in W.P.No.23096 of 2013 dated
12.02.2020
f. Sri Ram Samaj Vs. Commissioner HR & CE reported in 2022 (4)
MLJ 449
e. Solaimuthuraja Vs. Commissioner HR & CE reported in 2010 (2)
CTC 289
f. R.Shanmugasundram Vs. Commissioner of HR & CE (1991 2
MLJ 582)
g. W.P.(MD)No.22398 of 2023 and this Court vide order dated
13.09.2023
H.H.Sankaracharya Swamigal Kanchi ... vs The Govt. Of Tamil Nadu on 16 May, 2013
a. W.P.(MD)No.20915 of 2013 dated 30.09.2015 in Arulmigu
Angala Eswari Amman Temple Vs. Commissioner
b. N.Sivasubramanian Vs. Government of Tamil Nadu reported in
2006 (2) CTC 49
c. Arulmigu Athanoorammal Podarayasamy Vs. Assistant
Commissioner HR & CE (Admn) Department reported in CDJ
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W.P.(MD).No.20349 of 2023
2012 MHC 3783
d. R.R. Thirupathy and others Vs. Commissioner Hindu Religious
and Charitable Endowment reported in (2015) 3 LW 106
e. H.H.Sankarachari Seamigal Kanchi Kamakodi Peetam Vs.
Government of Tamil Nadu in W.P.No.23096 of 2013 dated
12.02.2020
f. Sri Ram Samaj Vs. Commissioner HR & CE reported in 2022 (4)
MLJ 449
e. Solaimuthuraja Vs. Commissioner HR & CE reported in 2010 (2)
CTC 289
f. R.Shanmugasundram Vs. Commissioner of HR & CE (1991 2
MLJ 582)
g. W.P.(MD)No.22398 of 2023 and this Court vide order dated
13.09.2023