Sri Adipeeda Parameswari v. The Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.1323 of 2023 Sri Adipeeda Parameswari Kalikambal Koil Viswakarma Trust, Rep. by its Managing Trustee D.Sivapirakasam Achari, No.1, Jawaharlal Street, Big Kancheepuram, Kanchipuram - 631 502.
... Petitioner Vs
1. The Secretary to Government, Tourism, Culture and Religious Endowments, Fort St. George, Chennai - 600 009.
2. The Commissioner, Hindu Religious Culture & Endowments Department, Nungambakkam, Chennai - 600 034.
3. The Joint Commissioner, Hindu Religious Culture & Endowments Department, Kanchipuram.
4. The Executive officer, Athipeeda Parameswari Kalikambal Koi, No.1, Jawaharlal Street, Kanchipuram - 631 502. ... Respondents 1/5
Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second and third respondents to consider and pass Orders on the petitioner's representation dated 24.06.2022 and consequently direct them to appoint fit person among the trustees in a time frame manner in the light of the scheme decree dated 31.03.1936 made in O.S.No.19 of 1934 on the file of the District Judge, Chengalpet.
For Petitioners : Mr.B.Srinivasan For Respondents : Mrs.N.R.R.Arun Natarajan Spl. Government Pleader
ORDER
This Writ Petition has been filed to direct the second and third respondents to consider and pass Orders on the petitioner's representation dated 24.06.2022 and consequently direct them to appoint fit person among the trustees in a time frame manner in the light of the scheme decree dated 31.03.1936 made in O.S.No.19 of 1934 on the file of the District Judge, Chengalpet.
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2. The case of the petitioner is that the petitioner has filed a Writ Petition in W.P.No.23590 of 2013 seeking a direction to the respondents to appoint permanently any one of the erstwhile five trustees of the temple as a Fit Person/Thakkar in the place of the official Fit Person wherein the respondents have given an undertaking that if they receive any such application for appointment as Fit Person, they will take appropriate action. But they have not honoured their written undertaking. Therefore, the petitioner has given several representations in this regard and the same has not been considered by the respondents. Hence, the present Writ Petition.
3. Heard Mr.Srinivasan, learned counsel appearing for the petitioner and Mr.N.R.R.Arun Natarajan appearing for the respondents.
4. In view of the limited payer sought in the Writ Petition, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 24.06.2022 and pass Orders within a period of eight weeks from the date of receipt of a copy of this Order.
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5. With the above directions, this Writ Petition is disposed of. No costs.
24.01.2023 Index:Yes/No vrc To,
1. The Secretary to Government, Tourism, Culture and Religious Endowments, Fort St. George, Chennai - 600 009.
2. The Commissioner, Hindu Religious Culture & Endowments Department, Nungambakkam, Chennai - 600 034.
3. The Joint Commissioner, Hindu Religious Culture & Endowments Department, Kanchipuram.
4. The Executive officer, Athipeeda Parameswari Kalikambal Koi, No.1, Jawaharlal Street, Kanchipuram - 631 502. 4/5
N.SATHISH KUMAR, J.
vrc WP.No.1323 of 2023 24.01.2023 5/5