J.Kamesh @ Jayakumar v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU J.Kamesh @ Jayakumar ... Petitioner -vs1. The Joint Commissioner Hindu Religious and Charitable Endowments Department Joint Commissioner Office Chennai Zone II No. 130, 1st Floor, North Part Ramakrishna Madam Street Mylapore, Chennai - 600004.

2. Assistant Commissioner Hindu Religious and Charitable Endowment Department Padi, Chennai - 600050.

3. S.V.Ravichandran

4. Sathyanesan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the representation of the Petitioner dated 01.09.2023 and take appropriate steps to form a Committee for the temple namely "Arulmigu Shri Nagathamman Aalayam" situated at Perungudi and conduct an audit based on the said representation made by the Petitioner. 1/5

For Petitioners : Mr. G.Gokul For Respondents : Mr. K.Karthikeyan, Government Advocate (for R1 & R2)

O R D E R

Heard Mr. G.Gokul, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Government Advocate for the First and Second Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Third and Fourth Respondents, notice to them is dispensed with. 3.

This Writ Petition has been filed for directing the Respondents to consider the representation dated 01.09.2023 made by the Petitioner to take appropriate steps to form a Committee for the Temple, viz., Arulmigu Shri Nagathamman Aalayam in Perungudi, and conduct an audit. 2/5

4.

Learned Government Advocate appearing for the First and Second Respondents has produced copy of the Notice in Na. Ka. No. 3189/2023/A1 dated 23.01.2024 sent to the Petitioner and the Third and Fourth Respondents showing that enquiry on the said representation has been fixed at 10.00 a.m. on 31.01.2024 before the Second Respondent and a memo dated 24.01.2024 has been filed to that effect.

5.

In such circumstances, the Petitioner, the Third and Fourth Respondents and all other concerned parties shall attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and extend their co-operation for the expeditious disposal of the matter and there shall be atleast two effective hearings every month showing progress of the case. It shall be incumbent upon the First Respondent to afford full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of this Court. 3/5

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

24.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 19.02.2024.

Maya To

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department Joint Commissioner Office Chennai Zone II No. 130, 1st Floor, North Part Ramakrishna Madam Street Mylapore, Chennai - 600004.

2. Assistant Commissioner Hindu Religious and Charitable Endowment Department Padi, Chennai - 600050.

Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2. J.Kamesh @ Jayakumar, S/o. Jayapal, No. 2, 1st Cross Street, Elim Nagar (Maanthope), Perungudi, Chennai - 600 096.

4/5

P.D. AUDIKESAVALU, J.

Maya 24.01.2024 5/5