this court has also granted an order. P.Valliappan, learned Senior Counsel appearing on behalf of the appellant, would submit that one T.R.Ramesh had earlier filed W.P.No.33103 of 2022 challenging the Circular in of interim stay of the impugned order. When the matter is pending consideration before this court, without taking leave of this court, appointing the third respondent as a Member of the Committee is, prima facie, not only unjustified, but is also an attempt to make the pending W.P.No.33103 of 2022 infructuous. R.Shunmugasundaram, learned Advocate General assisted by Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, and Ms.A.G.Shakeena, learned counsel, accepts notice on behalf of respondents 1 and 2. Issue notice to the third respondent; returnable in four weeks. Private notice is also permitted. List the matter after four weeks. There shall be an order of interim stay of the impugned order till then. (T.R., A.C.J.) (D.B.C., J.) 15.02.2023 sasi THE HON’BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J. (sasi) W.P.No.4531 of 2023 and W.M.P.No.4537 of 2023 15.02.2023
W.P.No.4531 of 2023 and W.M.P.No.4537 of 2023
THE HON’BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
(Order of the court was made by the Hon’ble Acting Chief Justice)
All India Adi Saiva Sivacharyargal Seva Sangam, represented by its General Secretary, has filed this writ petition seeking issuance
of a writ of certiorari to call for the records of the second
respondent pertaining to the proceedings in Na.Ka.No. 58621/2021/N2, dated 8.2.2023 and quash the same.
- P.Valliappan, learned Senior Counsel appearing on behalf of the appellant, would submit that one T.R.Ramesh had earlier filed W.P.No.33103 of 2022 challenging the Circular in
Na.Ka.No.7256/2021/W2, dated 4.11.2022 issued by the Commissioner of the Hindu Religious and Charitable Endowments Department and to forbear respondent authorities therein from taking any action or appointing the third respondent herein as a Member of the Committee to be constituted pursuant to the directions issued by this Court in the order dated 22.8.2022 passed
in W.P.No.17802 of 2021. This Court, for various reasons
mentioned in the order dated 8.12.2022 passed in W.P.No.33103 of 2022, granted interim stay of operation of that circular. Therefore, when there is a writ petition filed to forbear the respondent authorities from appointing the third respondent as a Member of the Committee and the same is pending consideration, the impugned order dated 8.2.2023 passed by the second respondent constituting a Committee by including the third respondent as a Member is
unsustainable.
- A bare perusal of the order dated 8.12.2022 passed in W.P.No.33103 of 2022 makes it clear that the said writ petition was specifically filed challenging a Circular dated 4.11.2022 and a consequential direction has been sought for to forbear the respondent authorities from appointing the third respondent as a Member of the Committee to be constituted. In the said writ
petition, this court has also granted an order of interim stay of the impugned order. When the matter is pending consideration before this court, without taking leave of this court, appointing the third respondent as a Member of the Committee is, prima facie, not only
unjustified, but is also an attempt to make the pending W.P.No.33103 of 2022 infructuous.
- R.Shunmugasundaram, learned Advocate General
assisted by Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, and Ms.A.G.Shakeena, learned counsel, accepts notice on
behalf of respondents 1 and 2.
- Issue notice to the third respondent; returnable in four
weeks. Private notice is also permitted.
List the matter after four weeks. There shall be an order of
interim stay of the impugned order till then.
(T.R., A.C.J.) (D.B.C., J.)
15.02.2023 sasi
THE HON’BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
(sasi)
W.P.No.4531 of 2023 and W.M.P.No.4537 of 2023
15.02.2023
