IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2019 CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.A.Nos. 2436 to 2438 of 2011 And M.P.Nos. 1 & 1 of 2011 And C.M.P.Nos. 12859, 12860 & 12861 of 2017 Ayira Vysya Jagadguru Sri Sankarasubbramania Dharma Siva Acharya Swamigal, Madathipathy, Thirualangadu Immudi Agora Dharma Sivachariyar Ayira Vysya Mutt Nerinipettai – 638 326, Erode District. ... Appellant/Petitioner in all W.As.
Vs.
W.A.No. 2436 of 2011:
1. The Special Commissioner/ Commissioner, The Hindu Religious and Charitable, Endowment (Administration) Department Chennai – 34.
2. The Assistant Commissioner The Hindu Religious and Charitable Endowment (Administration) Department Erode.
3. Thiru. Alangadu Immudi Aghora Dharmasivachriya Ayira Vysia Mutt Rep. By the Chairman of the Board of Trustees R.Muthukumarasamy Nerinjipettai – 638 311, Bhavani Taluk, Erode District.
4. Dr.M.Jayaraman
5. D.Sachidhanandham Respondents/ Respondents W.A.No. 2437 of 2011:
1. The Special Commissioner/ Commissioner, The Hindu Religious and Charitable, Endowment (Administration) Department Chennai – 34.
2. The Assistant Commissioner The Hindu Religious and Charitable Endowment (Administration) Department Erode.
3. Dr.M.Jayaraman
4. D.Sachidhanandham
5. Thiru. Alangadu Immudi Aghora Dharmasivachriya Ayira Vysia Mutt Rep. By the Chairman of the Board of Trustees R.Muthukumarasamy Nerinjipettai – 638 311, Bhavani Taluk, Erode District. Respondents/ Respondents W.A.No. 2438 of 2011:
1. The Special Commissioner/ Commissioner, The Hindu Religious and Charitable, Endowment (Administration) Department Chennai – 34.
2. The Assistant Commissioner The Hindu Religious and Charitable Endowment (Administration) Department Erode.
3. Thiru. Alangadu Immudi Aghora Dharmasivachriya Ayira Vysia Mutt Rep. By the Chairman of the Board of Trustees R.Muthukumarasamy Nerinjipettai – 638 311, Bhavani Taluk, Erode District. Respondents/ Respondents Writ Appeals filed under Clause 15 of Letters Patent against the orders passed by the learned Single Judge dated 14.10.2011 made in W.P.Nos. 14032, 17160 & 23762 of 2008.
For Appellant in all W.As. : M/s. Bharath Gowtham for M/s. C.V.Vijayakumar For RR 1 & 2 in all W.As. : Mr. Maharaja Special Government Pleader For 3rd Respondent in W.A.Nos. 2436 & 2438/ 2011 and 5th Respondent in W.A.No. 2437/2011 : No appearance For RR 4 & 5 in W.A.No. 2436/2011 RR 3 & 4 in W.A.No.
2437/2011 : M/s. R.Devi & R.Parthasarathi C O M M O N J U D G M E N T (Delivered by DR.VINEET KOTHARI, J) The learned counsels appearing at the bar brought to our notice that the elections in Thiru. Alangadu Immudi Aghora Dharmasivachriya Ayira Vysia Mutt was under challenge. The term of the elected body in the year 2008 came to an end in the year 2011. Thereafter, it is stated by the learned counsel for HR & CE Department that the Government has appointed a Fit Person to look after the affairs of the said trust. He submitted that the present Writ Appeal has become infructuous and the Department should be allowed to hold fresh elections of the said Trust Body.
2. The submission appears to be fair and reasonable.
3. In our opinion therefore the present Writ Appeals need not be decided on merits. We dispose of the same as having been rendered as infructuous by lapse of time and we permit the respondent, HR & CE Department to hold fresh elections in accordance with law as expeditiously as possible.
4. With these observations, the Writ Appeals are disposed of.
Consequently, connected Miscellaneous Petitions are closed. No costs.
(V.K., J.) (C.V.K., J.) 08.07.2019 Index : Yes/No Internet : Yes/No vsg
To
1. The Special Commissioner/ Commissioner, The Hindu Religious and Charitable, Endowment (Administration) Department Chennai – 34.
2. The Assistant Commissioner The Hindu Religious and Charitable Endowment (Administration) Department Erode.
Dr.VINEET KOTHARI, J.
and C.V.KARTHIKEYAN, J.
vsg W.A.Nos. 2436 to 2438 of 2011 And M.P.Nos. 1 & 1 of 2011 And C.M.P.Nos. 12859, 12860 & 12861 of 2017 08.07.2019