G.M.Swamy, v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.9438 and 9439 of 2016 1.G.M.Swamy 2.R.Madhavan ... Petitioners Vs.

State Rep. By 1.The Secretary, H.R. & C.E.

The Hindu Religious & Charitable Endowments Chennai - 600 034.

2.The Secretary Arulmigu Sri Kamatchi Amman Temple Trust, Valasarawakkam, Chennai - 87.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to take over the administration and management of the Arulmigu Sri Kamatchi Amman Temple and its Trust situated at Valasarawakkam, Chennai within a reasonable time and to bring the administration of the Temple trust under its control.

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For Petitioners : M/s.P.Gunaraj For Respondents : Mr.NRR.Arun Natarajan for R1 Special Government Pleader Mr.A.E.Ravi Chandran for R2

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to take over the administration and management of Arulmigu Sri Kamatchi Amman Temple and its trust situated at Valasarawakkam, Chennai within a reasonable time and to bring the administration of the Temple trust under its control.

2.The learned counsel appearing for the petitioner submitted that there is mis-management in the Trust and Arulmigu Sri Kamatchi Amman Temple is coming under the purview of the Hindu Religious & Charitable Endowments Department. Hence, this Court, without going into the merits of the case, may grant liberty to the petitioner to file appropriate petition before the jurisdictional Assistant Commissioner and issue direction to the jurisdictional Assistant Commissioner to consider the same and pass appropriate orders within a reasonable time frame.

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3.Considering the limited request now made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, permits the petitioner to file appropriate petition before the jurisdictional Assistant Commissioner, within a period of two weeks from the date of receipt of a copy of this order. If any such petition is filed by the petitioner, the jurisdictional Assistant Commissioner shall consider the same and after providing opportunity to the petitioner as well as the second respondent, pass appropriate orders, on merits and in accordance with law, as expeditiously as possible.

4.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 28.08.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Secretary, H.R. & C.E.

The Hindu Religious & Charitable Endowments Chennai - 600 034.

2.The Secretary Arulmigu Sri Kamatchi Amman Temple Trust, Valasarawakkam, Chennai - 87.

And W.M.P.Nos.9438 and 9439 of 2016 28.08.2024 4/4