Fit Person Cum Executive Officer v. T. Pitchai Pillai
2018-09-17
PUSHPA SATHYANARAYANA, T.KRISHNAVALLI
body2018
DigiLaw.ai
JUDGMENT : Pushpa Sathyanarayana, J. The writ appeals have been filed by the appellant/the third respondent, who is the Fit Person-cum-Executive Officer of Arulmigu Sri Muthalamman Thirukoil, Virattipathu, Simmakkal, Madurai, challenging the interim orders passed by the learned single Judges dated 26.04.2018 and 28.06.2018 in W.P(MD)No.9662 of 2018. 2. The writ petition was filed by the respondents 1 to 3 herein, who claims to be the Hereditary Trustees of Arulmigu Sri Muthalamman Thirukoil, Virattipathu, Simmakkal, Madurai, for issuance of Writ of Mandamus, directing the Commissioner and Joint Commissioner, HR & CE and also to the Fit Person to hand over the key and administration of the temple, for the purpose of performing poojas and the annual Vaikasi Festival etc. 3. In the said writ petition, W.M.P(MD)No.8908 of 2018 was filed for interim direction, forbearing the respondents 1 to 3 from conducting any yearly Vaikasi Festival of the temple and in which an order was passed as prayed for. There was yet another interim order passed for handing over the key and administration of the temple on or before 04.07.2018 and report compliance of the same before this Court. 4. Aggrieved by the above said two orders, the present writ appeals are preferred. 5. We have heard the submissions made on either side and perused the materials placed before us. 6. It is pointed out that earlier there was a suit filed by the first and third respondent along with the father of the second respondent in O.S.No.557 of 2000 on the file of the Principal Sub- Court, Madurai, praying for declaration, wherein the civil Court, by setting aside the order passed by the defendants dated 08.01.1999 and 14.12.1999, declared that the plaintiffs are the Hereditary Trustees of the above said temple, As the second plaintiff in the suit died, his son namely, Vannian Kothandaraman has been declared as the Hereditary Trustee representing the said group. Challenging the said order, an appeal was preferred by the Fit Person and the same is pending before this Court. 7. Now, the only objection raised by the learned counsel appearing for the appellant and also the learned Special Government Pleader is that the names of the Hereditary Trustees are not notified in the Government gazette. 8.
Challenging the said order, an appeal was preferred by the Fit Person and the same is pending before this Court. 7. Now, the only objection raised by the learned counsel appearing for the appellant and also the learned Special Government Pleader is that the names of the Hereditary Trustees are not notified in the Government gazette. 8. In reply, the learned counsel appearing for the respondents 1 to 3 on instructions submits that the respondents 1 to 3 are ready to notify their names in the Government gazette, within a period of two weeks from today. 9. As it is admitted that the respondents 1 to 3 were declared as the Hereditary Trustees in the civil suit in O.S.No.557 of 2000 and even in the appeal preferred by the Fit Person, there is no interim order granted, this Court is of the view that there is no merit in these writ appeals and the same are liable to be dismissed. 10. In view of the above, the appellant is directed to hand over the key and administration of the temple, to the respondents 1 to 3 within a period of four weeks from today. 11. With the above observations, the writ appeals are dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed.